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Stressed81 Asked July 2013

Grandmothers belongings in rental property. What are my rights to retrieve grandma's belongings?

I'll try to make this as brief as possible. My beloved grandma has been in a nursing home for the past year. My unstable aunt (let's call her Aunt #1) has power of attorney because she basically bullied her way into it and my mom is the family doormat. Grandma had a stroke so she has memory problems and has her good days and bad days. Well, this past weekend my aunt has had some sort of a mental breakdown and is in the hospital. Her daughter thinks she may be there a while. The aunt has been living in grandmas rented house for the past year. Grandma's name is still on the lease but aunt has been paying rent. Probably with the help if grandmas money but that's another story. The problem is, my aunts daughter, my cousin, thinks we need to get all grandmas stuff out of the house now. And I desperately want to get grandmas stuff, because there are some photos and war journals I want, and I haven't been able to while aunt's been living there.

But I'm scared if I go with my cousin to get grandmas stuff, I could be charged with breaking and entering. Now that my aunt is in a facility, my other aunt (Aunt #2) has POA of grandma. Aunt #2 originally had POA, got tired of dealing with Aunt #1 so passed it over but on the condition that if something happened to Aunt #1, POA would go back to Aunt #2... So, Aunt #2 says that's grandmas house and I can go get whatever I want. But still, Aunt #1 has been living there for the past year. So it's kind of her house. What am I supposed to do? Just let ALL of my grandma and granddaddy's stuff that means so much just go? Since it's a rental property it's very unclear whether it's grandmas house or aunts house. Grandma lived there first, then aunt 1 moved in, then grandma went to nursing home, aunt 1 stayed around, now aunts in a facility for an undetermined amount of time.. maybe a few days, maybe forever...

I worry this is my last chance to get some of grandmas memorabilia, but I also don't want a criminal record of breaking and entering. If my aunt comes home, and all grandmas stuff is gone, she probably would press charges because she enjoys doing spiteful things like that. Gives her something to do. Keep in mind, these are not valuable possessions worth money, it's personal stuff. My cousin and I have a special bond with grandma because she raised me for a few years and raised my cousin since she was 3 because aunt dropped her off at grandmas house and never looked back. Hence why cousin has no remorse for what happens to my aunt. What would be the appropriate course of action?

vw9729 Jul 2013
Stressed81 - I whoeheardedly totally agree with what Ismiami said. You have permission from the person who has current POA over grandma to go in and get the stuff. So if I were you, I would do it before Aunt #1 can have a chance to recover and come home to find anything missing. And to be honest with you, Aunt #1 could only file a burglary report with the police, because she would have no proof that YOU were the one that broke into her house and took her stuff - so it would be her word against yours. And it sounds like you have the whole other side of the family on your side. Just be sure and share with any other family member who would like copies, etc. Good luck!!

lsmiami Jul 2013
It is grandmas house. POA Aunt agrees. You will not be taking anything that belongs to naughty aunt. Save your family mementos. If bad aunt tries to press charges, have POA Aunt tell her to drop them or move out of the house.

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