Legal Question in Wills and Trusts in New York

take possession

My father purchased 2 garden tractors back in'98 & '99. He had the ownership (bill of sale) for both tractors placed in my name and where I lived. He continued to use them until Nov. '07 when he died. His wife ( my step mother) has not yet allowed me to take possession of them, because her lawyer said they were purchased with marital money. Can I legally inform local law

enforcement ( police,sheriff, et.) that she holds property that does not belong to her, but belongs to me? Could they go to her house and force her to hand over the tractors to me? This was not mentioned in his will, because he gave me the original bills of sale. Thank you.


Asked on 4/26/08, 2:34 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: take possession

You are entitled to possession if you have legal title to the tractors. Theoretically, you may contact the police. However, most likely the police will do little since this is a civil matter.

What you should do is send a certified letter demanding access to retrieve possession of the vehicles. If step mother still retains possession, you can commence an action for the return of the vehicles � or for the replacement value of the tractors.

Mike.

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Answered on 4/26/08, 4:25 pm


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