Estate property Missing - Artwork

O

OldManHicks

Guest
Jurisdiction
Indiana
I'm Executor of my Father-in-law's estate, and am having trouble getting his artwork returned. He was a fairly good artist, but had been in declining health for past 5 years with Alzheimer's Disease at long term care facility. My sister, who looked after him, was his POA. Due to the small size of his room, she stored much of his artwork at her home. There were about 10 nice paintings in the $500 range, and numerous paintings of limited but sentimental value.

When she died, i became his guardian, and executor when he passed away. While trying to collect all his property, I found that his Artwork had been taken by my sister's son without my permission. He ignored my repeated requests to return it, and instead took some paintings to another state, while giving others away to friends.

Is this considered theft? How can I get the property returned?

** I recall the OJ method of property retrieval had a few problems **
 
Trying to use the law to get the property returned to you, you'll find is very useless or even impossible.

Tragically your dad and sister are deceased.

You have no way of knowing (PROVING) how, or even when your nephew is alleged to have come into possession of the items.

In fact, you don't know, nor can you PROVE, your nephew is currently in possession of the items.

Moreover, you can't PROVE he ever had the items, despite anecdotal information to the contrary.

It's sad when family on family disrespect, violence, theft, abuse, etc... Occurs, unfortunately that's the way humans have behaved for centuries.
 
Unless your father-in-law had an established record of selling his paintings to strangers for money, then his paintings are worth ZERO dollars.

The police don't get involved when family personal property changes hands. It's a civil matter. You are welcome to spend many thousands on litigation but you'll be wasting your time and your money.

I suggest you chalk it up to rotten relative and get over it.
 
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