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Personal property abandonment

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Tryton

Junior Member
What is the name of your state (only U.S. law)? Indiana
Wasn't sure where else to post this. My brother and I inherited my mom's house after my stepdad died last year (and have gotten advice about ensuing problems with my brother since then in another post). My stepsister and stepbrothers got the contents of the house which was fine with us. In fact, my stepsister busted her butt to get things done so we could move in. The whole transition was very smooth with them and they were all really good to me. I've had better interactions with them than my own brother.

Here's my problem. My stepbrother wanted a bench grinder and a few other things that were in the garage. They got pretty much everything else out. In fact, we all worked together and we helped them get a lot of things where they needed to go including taking things to auction. The grinder was attached to a workbench that was staying and I had to remove it. He told me he would get that and some other stuff later. The other thing is that my stepsister wanted a fireproof file cabinet that my stepdad kept business records in but wasn't sure when she could get it. The thing weighs like 500 pounds and is in my way in the garage. I really didn't have any problem storing it for a while.

However, that was almost a year and a half ago at this point. I have called my stepbrother several times to come and get the few things he wanted and he still hasn't shown up. I recently found out my stepsister got divorced and moved two hours away so the liklihood of her coming back to get that cabinet is slim. My question is when is it considered abandonment on their part? I don't want any of the stuff and have zero issues with their claim to it. But there are things that are pretty much just in the way right now it doesn't seem they're ever going to get them at this point. So since it's been so long, do I have a right to get rid of things?

I don't want to cause any problems with them. As I said, they were amazing and I couldn't be happier with how smooth things were. I know that's not always the case. However, I'm also not running a storage facility for free. The estate is long settled. So exactly what can I do with this property at this point? Thanks.
 


What is the name of your state (only U.S. law)? Indiana
Wasn't sure where else to post this. My brother and I inherited my mom's house after my stepdad died last year (and have gotten advice about ensuing problems with my brother since then in another post). My stepsister and stepbrothers got the contents of the house which was fine with us. In fact, my stepsister busted her butt to get things done so we could move in. The whole transition was very smooth with them and they were all really good to me. I've had better interactions with them than my own brother.

Here's my problem. My stepbrother wanted a bench grinder and a few other things that were in the garage. They got pretty much everything else out. In fact, we all worked together and we helped them get a lot of things where they needed to go including taking things to auction. The grinder was attached to a workbench that was staying and I had to remove it. He told me he would get that and some other stuff later. The other thing is that my stepsister wanted a fireproof file cabinet that my stepdad kept business records in but wasn't sure when she could get it. The thing weighs like 500 pounds and is in my way in the garage. I really didn't have any problem storing it for a while.

However, that was almost a year and a half ago at this point. I have called my stepbrother several times to come and get the few things he wanted and he still hasn't shown up. I recently found out my stepsister got divorced and moved two hours away so the liklihood of her coming back to get that cabinet is slim. My question is when is it considered abandonment on their part? I don't want any of the stuff and have zero issues with their claim to it. But there are things that are pretty much just in the way right now it doesn't seem they're ever going to get them at this point. So since it's been so long, do I have a right to get rid of things?

I don't want to cause any problems with them. As I said, they were amazing and I couldn't be happier with how smooth things were. I know that's not always the case. However, I'm also not running a storage facility for free. The estate is long settled. So exactly what can I do with this property at this point? Thanks.
I would do my best to get them to agree in writing that they 1. do not want the property and 2. they consent to your disposal of the property. I don't know the law in Indiana on abandonment of property, but in many states there is a statutory time period that gives rise to a presumption of abandonment. Thus, acting prematurely in disposing of the property could result in a suit for conversion, which, in some states, could potentially leave you liable for up to treble damages (3 times value of the property).
 

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