Saline, MI asked in Probate for Michigan

Q: I moved out of my sister's and she is refusing me possession back of my personal property which my mom gave to me as an

Inheritance. I live in Michigan and my mom gave us all our inheritance just of her personal belongings before she died. My mom is not deceased. What can I do to get my stuff back

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2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Estate Planning Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: So what you're saying is, your mom gifted the property to you. The property became yours upon completion of the gift, ie when it was delivered to you. Now, your sister is detaining the property against your rights and not allowing you to have it.

You could sue your sister for claim and delivery, and also for statutory conversion. Claim and delivery is the Michigan cause of action for recovering property that has been wrongfully appropriated by someone else. Statutory conversion is a cause of action that allows you to sue someone in damages for triple the value of the property that was wrongfully appropriated from you. You could also file a police report for theft. For further information, consult a probate attorney in your area.

Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: Mr Harris' answer is technically correct, but it omits what I consider the best option (as it is 'non legal!')

If Mom is still alive, have HER contact your sister and 'read her the riot act' about not taking things from her sister.

I assume if she gave you these things, she's likely to want to see that gift continued.

BEFORE you 'lawyer up' and involve the Courts you should try the non-legal/moral options.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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