What to do about a personal property dispute?
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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
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 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.
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