My son worked for Trans am trucking. He has left sone oersonal property in his truck. He was killed on his job . They will not release his personal property to me. His mother. He is not married.

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My son worked for Trans am trucking. He has left sone oersonal property in his truck. He was killed on his job . They will not release his personal property to me. His mother. He is not married.

They want some kind of paper from the
court. However he does not own any
property and we decided it bot such a
good idea. What can i do to get them to
release his prooerty such as ckothes a
computer,games abd playtation .

Asked on January 7, 2019 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They legally cannot release the property to you without authority from the court (often called "letters testamentary") giving you legal power over that property. Without such court authority, you cannot recover property belonging to another person, even a family member: 1) it is not yours unless you go through the probate process and get authority from the court, so you have no right to it; and 2) if someone else appears later who has authority and a legal right to it, they could sue the employer for letting you have the property--hence they will not take the chance of releasing it to you. If it's not worth getting the court authorization, you need to let go of the items.


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