• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Family heirloom

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

sheena757

Guest
What is the name of your state? Virginia


My sister is in possession, and has been for 12 years, of an antique faux fireplace built by our great-grandfather on our mother's side. Our great-grandmother gave it to both of our parents during their marriage, but mainly because of my father's desire to have it. When my sister moved into her own home she took the fireplace with her with the understanding that it belonged to Dad, but she could use it for an unstated length of time.

Now the Jerry Springer aspect comes to play. :eek:
Our parents recently divorced partly because of an (at least) emotional affair between my father and my mother's cousin. In the past she, the cousin, has stated that she wished she had been given the fireplace. Now all of a sudden my father is demanding the return of the fireplace to his possession.
Obviously we believe it is so that he can turn it over to my mother's cousin.
The fireplace is of some antique value I suppose, but we would like to have it remain in "mother's side" of the family, as it has sentimental value to us.

After that lengthy explanation my questions are as follows:
My father has threatened to have my sister arrested for theft of the fireplace if she doesn’t return it within 3 days. Is that even possible?
Does my sister or my mother have a legal claim to the fireplace?

Any thoughts or suggestions on the matter are appreciated.

Thank you,
S.R.R
 


BL

Senior Member
Our great-grandmother gave it to both of our parents during their marriage
[ quote ]

It's not a criminal matter. It's not theft. It was a GIFT to both parents.

Even in small claims, A judge can only award monetary damages .
If he pursued this in Civil court he might get 1/2 it's worth , whatever that might be ?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top