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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9128
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My mother lives in an in-law suite at my sister's house. My

Customer Question

My mother lives in an in-law suite at my sister's house. My parents gave my sister the $40,000 down payment in return for their living the remainder of their lives in the suite rent-/expense-free. My sister lost the house in a lawsuit to CitiMortgage in early May; the foreclosure sale is set for October 9th. Prior to our beginning to move my Mum's personal belongings out of the garage and outside storage area, my sister presented Mum with a letter stating that no one was allowed to move/remove any property without her permission and without her being present. I called the police to verify that I would not be arrested for trespassing as my sister claimed and to insure that we could, indeed, begin removing my my mum's and my nephew's belongings. (Additional information: The police are familiar with my sister as she is being investigated for committing fraud - she opened pre-approved credit card accounts in my mum's name and incurred a debt of over $5000. Also, I am my mother's POA and also have a notarized letter from my nephew requesting the return of his personal belongings to me as he is currently incarcerated.) The day after we moved the first load of my mum's items, my sister locked the garage and posted "No Trespassing - Violators Will Be Prosecuted" signs on the garage and all entrances. (My mum has always had a key to the main house and has never been told not to enter as that is where the laundry facilities are located.) Since my sister's locking the garage, I have sent messages/emails requesting access to remove the remaining property and also supplied her with a listing of the exact items which she has in the main house that my mum and nephew want to have returned.. To date, my sister will neither give access nor has she replied to my most recent email, however she did put my mum's bed frame outside and did not inform us that she did so. I have contacted the police, the district magistrate and the state constable. During the last three weeks, my mum had been without water as my sister's electric service was discontinued, (the water and septic pump are in my sister's panel) and currently a breaker is tripped, but the breaker panel is in the locked garage. We simply want to get Mum's and my nephew's property out and we have only limited days that we can even get the needed help. All that being said, 1.) as my mum is a legal resident of the property, can she legally have a locksmith open the garage to retrieve her and my nephew's belongings? 2.) If my sister does not return my mum's property, is she guilty of a crime? Thanks so much. Any advice would be greatly appreciated as I'm completely overwhelmed! Valerie XXX
Submitted: 1 year ago.
Category: UK Law