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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38221
Experience:  17 yrs estate law, real estate. Wills/Trusts/Probate
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My stepson is trying to get his belongings off of his grandmothers

Customer Question

My stepson is trying to get his belongings off of his grandmothers property. She is refusing to give him a key. What does he need to do?
Submitted: 2 years ago.
Category: Estate Law
Customer: replied 2 years ago.
There was no signed lease between my son and his grandmother
Expert:  Barrister replied 2 years ago.
Hello and welcome. My name is ***** ***** I will do what I can to help...Can you tell me what state this is in?.How did stepson's personal property come to be on the grandmother's land?..Did she allow him to store it there?.Or was he living there and then moved?.If so, how long ago did he move?..thanksBarrister
Customer: replied 2 years ago.
It is in Texas. He lived there in her rental house with his wife for 1-2 years. He did not pay rent. They relocated to our home and he is trying to get the rest of his belongings out . They have been living with us since the end of February
Customer: replied 2 years ago.
She has allowed him to store his stuff there at the house and on her land. She is mad that he moved and is still with his wife. This is how she plays games.
Expert:  Barrister replied 2 years ago.
Ok, if the grandmother is refusing to allow him to retrieve his personal property, and never legally evicted him, then what he did is create a "bailment" when he left his personal property there. Until grandmother formally terminates the bailment, she has a legal duty to store it and return it to him upon demand..If she is now refusing, then she is guilty of "conversion" , which is the wrongful keeping of the property of another. His recourse is to have a local attorney file a motion for "replevin", which is the return of property wrongfully withheld. The judge can then enter an order allowing him to get the sheriff to escort him to the property to retrieve his personal belongings. If grandmother interferes, she can be arrested for contempt of court...thanksBarrister
Customer: replied 2 years ago.
So should he have a sheriff there to assist him in getting his stuff?
Expert:  Barrister replied 2 years ago.
Yes, that would be a good idea to see if he can get a sheriff to go with him first to the property without an order from the court to see if grandmother will allow him to retrieve his property without going to court..If the sheriff won't go without an order from the court, then he is stuck with filing the motion for replevin and getting a judge to formally order the sheriff to accompany him to the property to retrieve his belongings...thanksBarrister
Customer: replied 2 years ago.
How long does this process take?
Expert:  Barrister replied 2 years ago.
Well, if you are talking about the replevin motion, once it is filed, grandmother would be served with it and there would be a hearing scheduled about a week or so later. Then everyone would appear on the hearing date and the judge will typically explain that she is violating the law and she has to allow him to retrieve his property. Then he would sign an order setting a date for stepson to go out with the sheriff to pick up his property..But unless grandmother is hardheaded, once she is served with the motion, she may just agree to allow him to come get it rather than be dragged into court and ordered to by a judge...thanksBarrister
Customer: replied 2 years ago.
Ok thank you
Expert:  Barrister replied 2 years ago.
You are very welcome. Glad to help any time....thanks much.Barrister