CER said:
i live in Georgia. My Aunt in Kansas has some of my mother's personal affects from 40 years ago in her attic, but says she doesn't have time to get them together and send them to me. How can I get them from her? I do not want her to sort thru them or throw anything out. They are mine.
Thank you for your help.
My response:
No, these things are NOT your things. Unless I've misunderstood your post, you are talking about personal property left in your aunt's home, by her sister (your mother), way back in 1961 ?
If that is the case, any applicable Statute of Limitations for making a claim against your aunt, by your mother, has expired probably long before you were even born.
Your mother created a "gratuitous bailment" (the storage and keeping of property by someone else for no money or rent paid). Over the years, and since there was no rent being paid for this "bailment", and since your mother failed to maintain possession, custody or control of the personal items, your mother has, in reality, abandoned the property long, long ago, when she failed to exercise her rights, within the applicable Statute of Limitations, to regain possession, custody or control of her property.
Since that is the case, the items have belonged, and continue to belong, to your aunt. Unless auntie wants to allow you into her attic to take the items, out of the goodness of her heart, your mother, nor you, have any legal right or claim to the items.
It's all over.
IAAL
