Colton, CA asked in Probate for California

Q: can owners manuals be used as proof of ownership for probate code 850 and 859 hearing for stolen items from an estate

decedent passed away and his personal property was stolen and sold at yard sales. including his vehicles. can the decedents owners manuals be used as ownership proof for the stolen items? there are declarations from people that lived in the same household as the decedent that have filed with the court to confirm that the decedent owned these items. the is a california probate case

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1 Lawyer Answer
Howard E. Kane
Howard E. Kane
PREMIUM
Answered
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: Per Probate Code section 859, if items of personal property were stolen from the estate, then the person shall be liable for twice the value of the property recovered by an action under section 859. The evidence code details many different types of evidence, and documentary evidence such as owners manuals can be presented as evidence if a proper foundation is laid. I recommend consulting with a trial attorney who can best assist you with the proper way to introduce documentary evidence to the court.

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