Legal Question in Family Law in Illinois

Claim

I have a question regarding a car that was originally my fathers. He was killed when I was 3 and left a 1969 Z28 camaro. My uncle (fathers brother), began restoring the car in 1989, without asking my mother or myself (I was 15). It was a long process. In 2007 I asked him to stop putting so much money in the car, because I wanted the car and he stated that if I wanted it I would need to reimburse him for the work he did. I took the car and housed it at my brothers house. He then gave it back to my uncle without telling me and my uncle did more work on the car and now claims if I want the car, i need to give him 50K. There is no title for the car. Should I retain an attorny or just pay him the money?


Asked on 1/28/09, 9:00 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Claim

Possession of chattels (non-real property) is controlled by a 3 year limitation on actions. The 3 year period is tolled (put on hold) for a claimant who is under the age of 18 years. See RCW 4.16.080. Based on your uncle's possession of the Z28 for most of the last 20 years, and that you were 18 in 1992 (15+3 in 1989+3), I don't think you have much prospect of winning in court. Whether you should pay your uncle, or how much is not for me to say.

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Answered on 1/29/09, 9:20 pm


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