My little brother was given our deceased grandfather's truck as a graduation gift. Due to his age it was put in our father's name. My little...

Question

My little brother was given our deceased grandfather's truck as a graduation gift. Due to his age it was put in our father's name. My little brother has put in over $1,000 into the truck. My father during a dispute with my brother took the truck from him and claimed its his truck not my brothers. Is there anything my brother can do to get the truck that was given to him back?

Answer

Yes, your little brother could file in the local general district court what's called a warrant in detinue for the return of his personal property (the truck) or in the event that it could not be returned (for whatever reason), he could then request that the court enter a judgment against his father for the truck's fair market value.

However, in order to succeed in his claim, this little brother would need to

be able to persuade the judge hearing the matter by a preponderance of the evidence that he (this little brother) is in fact the rightful owner of this truck and that his deceased grandpa in fact had given it to him as a gift.