Can a family member have rights to my mothers property without consent? 7 Answers as of July 25, 2013

Our mothers home and possessions were removed by my sister. She took what she wanted. She never ask if we wanted anything. Mother is in a home. Is there any thing we can do?

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Martinson & Beason, PC
Martinson & Beason, PC | Douglas C Martinson II
If your mother is not competent to handle her affairs, you can file for a Conservatorship and seek to bring those assets back to your mother's use and benefit.
Answer Applies to: Alabama
Replied: 7/27/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
Sure. If she took things without her consent (or she is unable to give consent) she has committed a crime and can be sued civilly for conversion (taking someone's assets without their consent).
Answer Applies to: California
Replied: 7/26/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Your mother can hire an attorney, you do not have a right to since it was not yours. Once she dies you can as a potential beneficiary.
Answer Applies to: Florida
Replied: 7/26/2011
The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
These are always difficult situations. If you wanted to legally force your sister to return those items, you would likely need to establish a guardianship over your mother (if you haven't already) and then file suit against your sister in your mother's name. T
Answer Applies to: Illinois
Replied: 7/26/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
I am not sure what you mean by your Aunt "took" your mother's home - if she does not have power of attorney over your mother, and the house is not in your Aunt's name, then she would not have any right to sell the home. Unfortunately, when family members take personal possessions from another's house, there sometimes is nothing a court can do (or it might be too expensive to take the issue to court). You could try using an attorney to send a demand letter to your Aunt to return the property, but that does not mean she will return it, and then your only alternative may be to go to Court.
Answer Applies to: Florida
Replied: 7/26/2011
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