What happens if someone,who borrowed personal property from you, leaves it in their Will to someone else?
Question Details:
My former boyfriend died. Before he died (not knowing he had cancer) I contacted him to get a painting back that I lent him. He responded via email that he would gladly return it but that he was in hospice but he would try to get to storage to get the painting and send to me. He said give him a week and he would let me know progress. Then he died. I contacted the family and sent the email and they said the art was willed to one of the sisters. I contacted her and she will not respond. What recourse do I have to get the painting back. I have a copy of the email.
Nobody can will property they do not own. If you can prove your ownership, then the sister has to return it. If she refuses to, your possibly options for actions are: (1) sue her for its return and/or at least its economic value; (2) report her to the police as having stolen property from you. Send her a letter, in some way (or multiple ways) that you can prove delivery, with a copy of the email and any other evidence (your original receipt or credit card bill for the art?) proving you own it, and letting her know that if she does not return it, you will take legal action. Then if she still doesn't return, decide what and how far you are willing to go for it.

Are you a lawyer?
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