I live with my mom in Reno,NV and my aunt owns the property but my mom has lived there for 8yrs and my mom is getting ready to pass away and my aunt is comimg in the house and taking things what are my right is she able to do that
State/Country relating to question: Nevada
nothing, I dont know my rights as my mother personal representive
Hello, I will be happy to assist you with your question. Please note that I cannot provide legal advice – I can only give you information concerning the legal issues raised by your question. I DO NOT receive credit for my work until you rate my answer as OK service” or higher. Please DO NOT RATE MY ANSWER as "Bad service" or "Poor service" (or the 2 stars on the left if you see stars), as such a rating leaves negative feedback for me personally. Instead, if you feel one of those ratings would be appropriate, please reply to me via the REPLY or CONTINUE CONVERSATION. If I still can’t help, reply again and I will opt out, but don’t leave a bad rating for me.Your Answer:Your Aunt has no right to enter the home and take your mother's personal belongings unless your mother (or an agent acting for her) has gifted those items to your Aunt and given her permission to enter the property and take those items.Until your mother is deceased, you cannot be her personal representative. However, if she has executed a durable power of attorney, that generally will give you (or the named agent) the authority to take action against your Aunt on her behalf.You should probate start with changing the locks so your Aunt can't enter. Then perhaps speak to a local attorney about sending a certified letter to your Aunt threatening suit if she doesn't return the property that she has unlawfully taken.As noted above, if you need clarification, please do let me know. And, again, PLEASE DO NOT leave a bad rating for me. If you don’t like my answer and want to work with someone else, let me know with a reply and I will opt out.I do not receive credit for my work until you rate my answer as “OK service” or higher. Bonuses are always appreciated.If you later open a new question and would like my assistance, please begin the question with “To TMcJD….” This will ensure that only I answer the question. Thanks.
Real Estate Attorney
"You should probate start with changing the locks so your Aunt can't enter."
I meant to say that you should probably start with changing the locks.
Please do let me know if you need clarification. Please also remember that although you have made a deposit, that deposit is not used and I receive no credit for my work until you rate my answer as "OK Service" (3 stars) or higher.
this claudette andrews i just asked you a question regarding my aunt taking from my mom home does it make any differentence if my mom does dont pay rent
It could make a difference. for example, your aunt could claim that your mother has no protections that a normal tenant would have that would prevent your Aunt from entering the property at any time for any reason.
However, if your mother can show any consideration for staying there (i.e. any compensation to your Aunt even if no money is exchanged), then she may still be able to argue there is a landlord-tenant relationship. For example, if she maintains the property and keeps it in good condition, that is conferring some benefit on your Aunt. If there wasn't some benefit to your Aunt, it's difficult to imagine why she would let your mother live there so long without rent payments.
Even if your mother cannot establish a landlord-tenant relationship, the property is still hers and your Aunt cannot take that property simply because it is held within her real property. Such is conversion of property and possibly criminal theft.
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