I need to file a civil suit for theft/conversion

Asked almost 2 years ago - Phoenix, AZ

is this a tort? It is for a ring that is worth approx $38,000 and is in the possession of my mother who stole it out of my grandmothers safe deposit box after her death. She did not account for it in the will at all. She wont give it to me after saying that if i write a 'letter of amends' to her she will give it back to me. After receiving the letter she satted that it was not good enough and wont talk about it ever again. I have a voice mail message from her where she says all of these things from about 1 month ago.

Attorney answers (3)

  1. Barry W. Rorex

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . Theft and conversion are torts. Whether you actually have a case for either of these causes of action is not clear from the information you provided. As the previous answer stated, it may be that you have a probate issue more than a civil litigation issue. I suggest that you speak with a local attorney and show him the basis for your claim as quickly as possible.

    Please note that any comments made are intended as general information only and not specific legal advice. No... more
  2. Steven Roger Rensch

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Conversion is a tort. The problem I have after reading your narrative is whether you had the right to control and possess the ring. Without that, there is no action for conversion. If it was in your grandmother's box, why did you have more right to it than your mother?

  3. Wesley Kent Hill

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Sorry for the loss of your Grandmother. This actually sounds like a probate issue. You did not say if it was a specific bequest in the will to you. If it is, you should probably hire a probate attorney and seek to resolve it that way. It really just depends on where your ownership rights came from and if you do have a right to the ring.

    Good luck!

    Wes Hill

    This response does not create an attorney client relationship nor should the advice be relied upon because it is... more

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