Legal Question in Wills and Trusts in New York
I am the executor of my Fathers Estate. I found an inventor he wrote out by hand in 1990 on Antiques he owned. My Father had no room for the Antiques so he moved them to my brothers house. My Dads will of 2000 mentions only the items in his house. Since I found a paper that my father wrote an inventory of his antique collection are they antiques part of the estate? My brother said my Dad gave them to him. There is no written proof of anything, just the list which is not signed or witnessed.
1 Answer from Attorneys
Let's assume that the father gave the antiques to the brother just to hold. You do not have the right to sue, just the estate (the antiques are in the estate until distributed pursuant to the will). The estate has two problems.
1. You have a Statute of Limitations problem. Under the Statute of Limitations you may not commence an action for conversion (civil theft) after 3 years. Assuming there was a contractual ageement between father and brother, the limitations period is 6 years. Even if the limitations period started in 2000, the time to commence an action expired.
2. Just because your father inventoried items in 1990 does not make the items part of the estate. You would have to obtain evidence - either documentary or through witnesses - demonstrating that the father was giving the antiques to the brother to hold, that it was not a gift.
Mike.
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