Full question:
My Brother in law asked us to store a car engine for him back in 2004. We have asked him many times over the years to come and get it. He had since moved out of town and at one time said he didn't want it anymore. Now we want to sell it and get rid of it. He is threatening to sue us for theft of property, but still won't come get it. Is the engine considered abandoned property and can we sell it and keep the money from it?
- Category: Abandoned Property
- Date:
- State: Montana
Answer:
The situation depends on whether your brother-in-law was considered a tenant. If he was a tenant or bailor, you should notify him in writing before selling or disposing of the engine. Check local laws regarding abandoned property, as they can vary by location.
There are different types of bailments:
- Bailments for hire: where the custodian is paid.
- Constructive bailment: where circumstances create an obligation to protect the goods.
- Gratuitous bailment: where there is no payment, but the custodian still has some responsibility.
In a gratuitous bailment, the custodian has a lower standard of care and may be held free from liability if an agreement states so. A court may find that you did not have “physical control” or “intent to possess” if it seems unfair or unexpected.
According to Montana law, if you believe the property has been abandoned and a reasonable time has passed, you may proceed with the following steps:
- Inventory and store the engine, ensuring reasonable care.
- Notify your brother-in-law in writing that he must remove it.
- Notify local law enforcement of the property you hold.
- Send a certified letter to his last-known address, stating that the engine will be disposed of if not removed by a specified date, at least fifteen days after mailing.
If he does not respond or remove the engine, you may sell it and keep the proceeds, after deducting reasonable costs associated with storage and sale (Mont. Code Ann. § 70-24-430).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.