Legal Question in Wills and Trusts in Virginia
I purchased a lawn mower on my Lowe's credit card for my grandfather who died. his son took the lawn mower. but I want it back how do I go about getting the lawn mower from his son if I have a receipt. My grandfather put everything he wanted to go in will. The personal property wasn't in the will. So the kids decided they would give everything back to the person's who purchased it. I received everything back but the lawn mower. My uncle ask my aunt who still lives in my grandfather's house for my grandfather's keys. Then he took all the keys including lawn mower key. If my Lowe's statement and receipt has only my name on it how do I get it back or how do I make he give it back to my aunt who was life with the home?
1 Answer from Attorneys
You could file what's called a Warrant in Detinue in the clerk's office of your
local general district court (civil division) for the return of what you believe
to be your personal property (the lawn mower) and if such return is not
possible (for whatever reason) then in the alternative you could ask the court to enter a judgment in your favor against (your uncle?) for the fair market value of this mower at the time it was taken.
However, notwithstanding all of the above, you would be well advised to bear in mind that just because the "kids decided to give everything back" that was not in the will to the persons such as yourself who had purchased these items, doesn't necessarily prove that in fact this mower was not a gift which your grandfather verbally made to his son before he passed from this life (my opinion).
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