Legal Question in Criminal Law in New York

My husband passed away recently. His brother, from whom he was estranged most of his adult life, was a guest in my home for several days for memorial service, etc. I am now discovering all kinds of things missing from the house that my brother-in-law says were his and that my husband was merely "holding on" to them until he (the brother-in-law) had settled down someplace where he had room for these things. My husband wouldn't speak to his brother for15 years. I really don't believe he was packing up and moving these items from place to place for 30 years waiting until the brother had a place to keep them! I feel horribly violated, but has the brother-in-law actually broken the law by removing these things from my home neither my permission nor knowledge?


Asked on 10/25/11, 7:18 am

2 Answers from Attorneys
Paula McGill Attorney at Law

Possibly. Contact the police. There is no evidence that your husband was "holding on" to these things. If your husband hadn't spoken to his brother in 15 years, your in-law probably doesn't have evidence of this storage agreement. The police will do an investigation or tell you its a civil matter. If it's a civil matter, the personal representative of the estate will have to sue him in the estates name and your name, if those items are considered marital property.

Licensed and practicing in New York.

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Answered on 10/25/11, 2:23 pm
Stuart Austin Austin Law Associates, PC

Another question you will be asked to answer is what proof do you have that he actually took them. The fact that he was staying in your house and they are now missing will probably not be enough for criminal liability.

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Answered on 10/25/11, 2:49 pm


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