11-18-2007, 09:14 AM
|
|
Senior Member
|
|
Join Date: Nov 2006
Posts: 462
|
|
Quote:
Originally Posted by emerald
Hello my 2 yr old's father passed away two months ago. His father had no will and no executor. (My son has always lived with me and is still living with me).
I found out after his father's death there were many, in fact a lot of clothes for my son, some said to be small but I didn't get a chance to see any of it. His father was living with his mother (he was not a minor, he was about to be 26).
Well long story short, I had told the paternal grandmother on a Thursday I'd see her the following Sunday and gave her the specific date and told her I would get the clothes.
But she got the Sundays mixed up and on that Sunday (few days after we spoke) she got mad because I didn't show up (she later acknowledged the mix up). So she gave ALL the baby clothes except two outfits away to a couple who just had a baby, along with one outfit that I bought for my son that still fit.
Well, it's going on close to 2 months since the clothes were given away and she is unwilling to get them back because she feels bad on asking for all the clothes back.
So therefore, legally am I able to take this case to court since they were for my son? Is this a small claims or civil issue?
I want the clothing to give to my son, I do not want money.
I need this question answered as a Legal Standpoint firstmost.
Thank you for your time.
|
I believe this is a small claims issue and in the end (if you prevail,) you'll most likely receive the cash value minus any depreciation for the clothing. Courts don't typically require the goods be returned once given away, especially under the circumstances you've posted (a simple mix-up) but will assign a dollar amount instead. The property is no longer in the grandmother's possession. That amount may not even cover your court costs, depending on your location, and in my opinion, hardly worth the damage it can do to your child's family. That does include you. (Just a thought.)
I'm sorry for your family's loss. Good luck.
|
Son's father deceased, Grandmother gave away clothes father had bought for him.
Linear Mode
