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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36212
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am not proud to be asking these questions but I fear I

Customer Question

I am not proud to be asking these questions but I fear I need to know in case I need to act up on them. I just became POA for my father who needed to be moved into a nursing home after a bad fall. My sisters and I are having a Public Auction in 10 days to sell of personal property so that my mother can move. I have a brother-in-law that has not gotten along with the family for years and makes trouble (bully) when ever possible. With yelling and belittling his wife in front of us and accusing others and creating tension and making a disturbance at any gathering. (other than him we are a large loving family)
Do I have any type of recourse to have him removed from the property prior to the sale or better yet have a way for him not to show up at all for the sale? (My father's wishes (not in his will) are that my brother-in-law not get any of his things due to the behavior he has exhibited for years onto my sister and mother. My dad is an avid Hunter with a collection of guns and knives not to mention several other items my brother-in-law would like to get a hold of.
Also he now has turned his son, my nephew, on our family as he is just like him. My nephew (26) texted me yesterday with a threatening text "you will be eating your teeth" We will see what you say when I see you in person next time" I m not afraid of him but he does have a history of being hot tempered and my friends tell me I should protect myself just in case he goes off the deep end. Again, I would prefer to keep him away at the public auction just as his father for fear of disrupting the sale. FYI, The public auction is located on my parents property. Any advice as to what I should do. My poor mother is stressed out over all of this and just wants peace as do I, but I am tired of keeping the peace and letting them walk all over our family.
Submitted: 7 months ago.
Category: Legal
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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First off, there is nothing to be embarrassed about...every family has one of those...

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If mother in on board with the decision to bar them from coming, and you have POA for father, you can simply communicate with them that they are not welcome on the property and will be considered trespassers and will be removed by law enforcement should the enter the property.

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They have zero legal rights to be on your parent's private property and parents (and you) can bar anyone you want to from the property.

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I would suggest communicating this via electronic means like emails or texts, as well as by sending a simple certified letter signed by both you as father's POA and mother. That way you have proof of sending it in the form of the certified mail receipt and if they are foolish enough to set foot on the property, you can call the police and have them charged with trespassing since they have been formally notified not to come onto the property.

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People like this only understand one type of action and that is forceful action. Subtlety and innuendo is lost on people with this type of personality so you have to directly confront them and tell them what will happen should they do X.

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thanks

Barrister

Customer: replied 7 months ago.
I also have my mother POA as well, so I do not need anyone to other then my self, correct?
Customer: replied 7 months ago.
no, just clarifyting
Expert:  Barrister replied 7 months ago.

so I do not need anyone to other then my self, correct?

Correct. As long as mother is on board and won't go against whatever action you take, then you can act alone. You just don't want a situation where you tell them to stay off the property and he calls your mother and she says he can come as her direct permission would override your bar. A POA holder can't act in contravention of the grantor's wishes..

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thanks

Barrister

Expert:  Barrister replied 7 months ago.

Hello again, I just wanted to check in and see if you had any further questions I can help with?

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister