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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9903
Experience:  Experienced Family Law Attorney
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My father in law past away several years ago, leaving my

Customer Question

My father in law past away several years ago, leaving my mother in laws care in my wife's hands, he signed the house over to us before passing and left instructions with my wife as to what things he wanted everyone to have, also my mother in law has a drinking problem, was told by doctors not to drink. My wife and I don't let her drink by not buying it but we have relatives that will go visit her and take alcohol. Getting her drunk to get things they want. We only own the house we don't live in it. Can we stop her son and grandson from coming on this property, also her son left a request for things that belonged to her father which are in the house we own and weren't part of what he was to be given. Is anything in the house up for grabs 6 years later or is whatever was in the house when he signed it over to us stay with the new owner?
Submitted: 11 months ago.
Category: Family Law
Expert:  LegalGems replied 11 months ago.

I am sorry to hear this- especially since it is very sad when family takes advantage of an elderly parent-unfortunately it is not uncommon.

Basically the mother, even if she does not pay rent, is a tenant and is afforded the same rights as any tenant, meaning the ability to invite guests. The only way to control who has access to her would be to get a guardianship- that is explained here:

Then the guardian can instruct someone to not visit and if they do, the guardian can seek a protective order (which will usually be granted if there is financial elder exploitation- unduly influencing a senior for money)

As for personal belongings, making a claim 6 years later is not timely so if they filed a suit for recovery for it the court would likely bar it based on laches (untimely request)

Presumably the items in the home transferred with the home, so even if the request was made in a timely fashion, unless there was a will stating that person was to receive it, the court would likely assume it belongs with the house.

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Expert:  LegalGems replied 11 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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