What to do about a personal property dispute?

UPDATED: Dec 17, 2013

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What to do about a personal property dispute?

I went to pick up my deceased father’s tractor and implements from my uncle’s farm. My uncle had gathered up all of the implements in a section of the field for me for when I was ready to pick them up; however he died before I could get there. Then 2 months after picking up the tractor and implements, the surviving cousin (son of my uncle) called and said that one on the implements for the tractor that was located with all of the other implements did not belong to my father. He is now demanding its return immediately. I no longer own the tractor and all of the implements so I cannot possibly return them and I do dispute that the implement did belong to me since my uncle placed all of them together there for me. What is my recourse or action?

Asked on December 17, 2013 under Business Law, Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can inform your cousin that when your uncle had gathered all of the implements, he included everything. You can inform him that what we gave while we was alive was either rightfully yours through your father's estate or a gift from your uncle or a mistaken gift by your uncle. However, you have sold such items to a bona fide purchaser for value and you had taken based on the statements made by your uncle. You have no liability in this matter and unfortunately your cousin's attempts to reclaim this equipment is going to be unsuccessful. His father has passed, you gathered everything when both your father and your uncle passed so there really is no way to obtain the correct information.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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