Legal Question in Wills and Trusts in Idaho
establishing ownership of a rare book
Hi,
I am wondering how to establish the ownership of a rare book that my mother owns. She is intersted in selling or donating the book but is worried some relatives may make a clain of ownership on the book. the book has been in our family since its original printing in about 1850. It has been passed down to my mother. My mother inherited it from her mother in the 1980s when her mother died(she was the last living parent) It has been in my mothers possesion continually since this time. It was in my grandmothers and grandfathers possesion for about 50 years before that,( but I dont know how to prove that). the sale or donation of the book may creat some publicity and draw attention to other distance realtives who may claim that the book was supposed to be inherited by them... since the book has been in the family since about 1850 this could potentially be a large group of people. Is there a way to prove the rightful ownership of the book now? And are there any steps we can take to make the ownership of the book easier to prove in the future?
The book is in a a differnt state than where the sale or donation is likely to take place if that makes a differnce.
I am very sorry that I have no idea what area of law this falls under.
2 Answers from Attorneys
Re: establishing ownership of a rare book
That is why it is important to probate an estate so that title (ownership) of assets is certain. If there was no probate of the estate, it's not too late, but without a will leaving the book to your mom, it will be inherited by all of her siblings and her. Of course, if it was a gift to you mother while her mother was still alive, then it is your mothers, and whatever evidence you have should be preserved.
Re: establishing ownership of a rare book
Did you mother receive the book during your grandmother's life, after she died outside probate or after she died through probate? Rather than write a lenghty response, I'll wait for part II of your question.
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