Can I legally retrieve my brother’s belongings from his ex-fiancee if she is unwilling to let me get them?
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Can I legally retrieve my brother’s belongings from his ex-fiancee if she is unwilling to let me get them?
My brother is in jail. He asked me to get his personal belongings from his now ex-fiancee (including clothing, tools, some jewelry and personal documents). They lived together in with her mother up until the time he was taken to jail for a situation that occurred several years ago. She said she would let me get them but keeps delaying setting a time for me to come. She recently movedin-state. We have only conversed by e-mail. Do I have any legal recourse to force her to give me my brother’s things?
Asked on September 7, 2010 under Real Estate Law, Kansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I would suggest that you obtain a Power of Attorney from your brother to establish yourself as having a legal right to pursue her and a claim that could be made against her for conversion of his belongings, should it come to that. Once you have the Power of Attorney I would tell her point blank that you have it, that you are his legal representative to act on his behalf to obtain repossession of his belongings and that her failure to turn them over to you can be considered "conversion" under the law and that you intend on pursuing the matter to that end should she not relinquish the items immediately. If it doesn't work, then sue her for them. Good luck.
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