Legal Question in Wills and Trusts in Pennsylvania
4 years ago my brother and his wife moved to Hawaii. She left 4 months before he did and left him to clean out their house which they decided to rent out. He gave me multiple items to keep since he could not ship everything over. Some of these items have value. 2 years ago he died I'm a accident. She now is demanding that I tell her what my brother gave me and give it back or she will sue me for the value. I find this funny how you could sue if you don't know a value. So I do not plan on telling her anything as we have no relationship. Does she have any legal rights to these things and could she sue me for a value of items she has no idea of? I do not want to do anything illegal but I'm certainly not going to help.
1 Answer from Attorneys
Unless your brother gave you those things to be yours rather than to store the property for him, then I am afraid that you will have to divulge the information to her or her attorney. She may not know the exact value, but she will attempt to recreate it and will value it at a lot higher than it may actually be.
Those things are not yours to keep based on what you related. I suggest that you either arrange to return them to her or offer to buy them from her for a fair price. If not, then she can probate an estate for your brother and, as his wife, she is probably entitled to at least a portion of his assets. She can get a court order compelling you to divulge the information and/or return the property, or worse, a judgment against you for the property.
What you are doing is not necessarily illegal (conversion is a civil tort, not a crime; theft is where you take property belonging to someone else - in t his case, you did not take property; it w as given to you for safekeeping), but don't be stupid here.
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