- April 9, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Neighbor’s Flag Pole Situation
My neighbor passed away over a year ago and had a large flag pole that flew the American flag year-round. He was a proud vet, and made sure to take care of it. But, since he passed (and the time of ill health leading up to his death) the flag has become torn up from the weather.
I have no contact info for the family, and the property is still listed under his name in city records. It is not listed as for sale, which I know because there are neighbors who do rehabs keeping a close eye out for it. I haven’t seen the family come by since the week he passed.
I know he would be disappointed in the condition of the flag. Would there be any legal issues with me respectfully taking the flag down and handing it over to a veteran group that disposes of flags? While I’m not particularly patriotic, it feels disrespectful to his memory to keep it flying in the current state.
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I would contact the local American Legion or VFW. When my grandpa passed away, they were over a few weeks later with a new flag for the pole because they’d noticed it was getting tattered. They may have contact information for next of kin as well
You could always get a new flag, take the old tattered one down and replace it with a new one. Then take the old flag to the VFW, American Legion or Boy Scouts for disposal.
Technically you would be trespassing and it’s theft, although in ways unlikely to lead to meaningful investigation or legal action.
An option would be just taking the flag down and securing it in your garage after leaving a note with what you did with the flag. Like most legal definitions of theft require both the taking something and the intent to deprive the legal owner of the property of that item, if you’re like “yo dog I have your flag and I want to give it back to you at the earliest opportunity” that’s not really constructively theft.
If no one asks after it for a while then I think you’re socially “safe” to dispose of it then.
Look up the probate records and see who the administrator of the estate is, assuming there is a probable proceeding, and reach out to them for permission.
You run the potential risk of any criminal charges related to going on the property and taking the flag. It sounds like that risk is remote however if his family hasn’t done anything in regards to his estate.
Make a call to the VFW and leave it alone.
Seems extremely unlikely anything would happen. I’d take it down and replace it with a new one and leave a note under the door explaining what you did. Any reasonable person would thank you
If your question is whether the American flag itself holds any legal significance over other pieces of fabric, no. It’s not illegal to mishandle a flag, to destroy it, to burn it, etc.
But flags are usually someone’s property, and that person or entity has property rights over it, just like any other belonging. In this case it’s likely your neighbor’s estate, which is likely overseen by a close relative.
So entering the property and taking something would still be illegal, no matter what the thing is. If you want to do something about the flag, you’d need permission from the neighbor’s estate.
I’d suggest the American Legion.
You could also contact the local Boy Scout troop. They also do flag burning ceremonies.