My father passed with an active consignment agreement with the owner of a gun shop. I have the list of guns that my father put in his shop to sell but when we went to obtain my father's property he told us that the guns were sold and was not able to provide us with the money, the receipts or the guns. Can we
as the executor of his estate take this man to court and sue him for either the merchandise or the money?
1 Answer from Attorneys
Yes, you should be able to pursue this as executor(s) unless there is a contractual basis for the consignee denying the claim (e.g., forfeiture after expiration of time). I recommend discussing it with your probate attorney or another local attorney. Perhaps a demand letter will provide a way to settlement while keeping the costs down.