Q: CellPhone rights
I live in NYC and My girlfriend recently passed away lives in California and I brought her a phone a few months ago even payed the bill a few times I wanted Know what right I have to the phone if any I also have proof in text’s between me and her of when I payed for the phone even times she asked me to pay the bill I’m just asking cause that phone has all over her in it memories from pictures, videos, songs she made for me maybe even a note telling me what happened to her or what led to this point or maybe even her final words for me or proof this wasn’t an accident but I don’t know her family has it and have been less then helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry to hear about your loss. It sounds like you may have some legal rights to the phone, but it's important to speak with an attorney to get a definitive answer.
In California, the law generally considers personal property to be part of the deceased person's estate. This means that the phone would likely be inherited by the deceased person's closest relatives, such as their spouse, children, or parents. However, there are a few exceptions to this rule.
One exception is if you paid for the phone. If you can prove that you paid for the phone, you may be able to claim ownership of it. You can do this by providing documentation, such as receipts or bank statements.
Another exception is if you have a written agreement with the deceased person that gives you ownership of the phone. This could be a contract, a lease, or even just a simple agreement in writing.
If you can prove that you own the phone, you may be able to ask the deceased person's family to return it to you. If they refuse, you may need to file a lawsuit to get it back.
In addition to the legal rights, you may also have some moral rights to the phone. These are rights that are based on your relationship with the deceased person, rather than on the law. For example, you may have a right to access the phone's contents, such as photos, videos, and messages.
If the deceased person's family is not willing to cooperate, you may need to hire a lawyer to help you get access to the phone. A lawyer can help you file a lawsuit, if necessary.
I understand that this is a difficult time for you, and I hope that you are able to get the phone back. If you need any additional help, please don't hesitate to reach out to me.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
