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Go Back   Freemason Hirams Travels Masonic Forums > Arts and Humanity > Visual Arts > Painting

Painting Painting

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Old 02-26-2008, 03:57 PM
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Is there any way I can get this painting to the person it was bequeathed to??

My dad died almost three years ago, leaving behind a lot of paintings, sculptures, and poems. I am living with my stepmom until the end of my senior year. Or at least, I was supposed to. Now she's saying she's going to move out of state before the year ends.
I was thinking about which of my dad's works I'd like to have, and I asked my mom about his self portrait. Apparently, it was bequeathed to his best friend, but my stepmom won't give it up. Sure enough, I checked the back of the painting, and it says, in my father's hand, "By all laws of God and Man this painting in any stage of completeness or incompleteness rightfully belongs to R. Shane Yates."
Doesn't this mean ANYTHING legally?

I am also considering just taking off with the painting, because talking to her is a lost cause, just trust me on this. I'm not sure if she would report it as theft or not.
Before I have to resort to anything rash, is there any LEGAL way of getting this painting?
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Old 02-26-2008, 03:59 PM
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Yep. It would not be unusual for his estate to be in probate still. If so, your stepmom is probably the executrix. She violates her oath if she doesn't carry out your dad's wishes. However, whether or not the writing on the back of the painting is enough to convey testamentary intent on your father's part is up to the Court. However, if he said the same thing in his will (the one admitted to probate), then it is enforceable. If your stepmom refuses this and other bequests, then it is enough to remove her as the executrix, and maybe have yourself appointed. However, if this is the only thing at issue, you just might want to go to court and have the judge enter an order directing her to forthwith transfer possession and ownership of the painting.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **
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