No! She has no right to take anything!
Power of Attorney are very specific. The power of attorney papers would state exactly what she has the power for.
She has power of attorney over him, medically and maybe some financially but only him. She does not have claim to marital property especially your still married. Anything she needs or wants tell her to have a lawyer contact you and be done with her. I’d be petty and tell her if you want to be in charge of everything for him then maybe she should pay child support too.
After a year of it being there and no one came to get his belongings he has no right to it anymore. It’s considered abandoned and legally its yours now.
No she can’t. In order to obtain your belongings she must go in front of a judge and get an order
If you’re still legally married isn’t it your stuff as well as his?? I would assume she can’t come into your home at all unless you allow her to, let alone take your furniture.
Nope those are yours now.
You can give her what you don’t want, she can not enter your home and take anything. She can go to jail for burglary and robbery
I wouldn’t think so as you’re still legally married. Are you guys legally separated? Also, how long have you been married? Were these items purchased during the marriage? Communal property? A judge/mediation court order would be the only way I’d allow anything like that to happen. I’d say sorry she needs a court order in order to get anything.
Absolutely not. Call the cops on her.
No. Especially if he left you. That power of attorney covers his legal matters. If she wants to get an attorney and pursue a divorce she can attempt to divide assets, but other that that she can lol
Don’t even open your door.
If you’re married everything is both of yours. She can’t take anything. You’d have to get divorced and go over who gets what in court. Call the cops if she tries to take anything.
Hell no ! If She try’s to come in call the cops
Make sure to a life insurance policy on him…yall married, he in jail. Get one on granny too, when she tries to come into your home, which can’t legally do…then…
that’s marital property. unless there’s an agreement he can’t just come get them just as you couldn’t go get them from him.
Dont open the door to her if she had to call the police they would tell her theres nothing they can do she cant just come and take what she wants she has to prove ownership
Nope! She has ZERO legal right to enter the marital home and take belongings acquired during your relationship/marriage! Do not allow her or make ANY arrangements with her.
Call a lawyer,if nothing else Legal Aid and see where you stand legally
I’m no.attorney but I think.power of attorney only covers cash assets. If you do see an attorney you may be able to sue her for child support
Tell her to take you to small claims. Don’t let her in and call the cops. They will tell her the same. Plus, a year later… tf!! NO! I think after 30 days is abandonment of property.
No she can’t take anything because even though she has power of attorney your legally have a right to everything due to marriage and the only way she can take anything is with a court order don’t give her anything !! Wow nothing she has no claim to anything you don’t have to do shit until you have judge tell you other wise including law enforcement they can only enforce an order signed by a judge !! Her power of attorney only gives her power to change some things but being married you can fight it all I would be getting an attorney immediately and file for divorce now before he get out and grandma makes your life a living hell
That’s harrasment tell her to go fly off a bridge
Absolutely not, call the cops on her!!
No she can not, you all are married so that shit is yours, tell her to piss off and don’t contact you anymore!!!
Ps you can file for stollen property and trespassing
The MIL has no right to anything as long as you are still legally married. Personally I’d change the locks(or move if its a option), file for divorce, and a have a keep away order placed on her.
change the locks and contact your lawyer. if you have a separation agreement check there to see who gets what. if you don’t have one - get one. and then have the lawyers work with you and him to agree who gets what and all that (furniture, house, debt, etc). once that’s settled, he’s entitled to whatever you both agreed to and if he designates his mother as the one to pick them up, sure.
but just coming in and taking what she wants? no.
Well i mean.
She has the power of his personal belongings by law.
But i mean…
Did you both bought the bed togther? Example.
I mean the things he has bought.
But i think if you shared the money for some stuff,
It is not his personal belonging.
It is your both by means to me not his so she cannot take it.
I would back to the authorities and request for a specific paper that states which things are his and also state the things that you both had bought togther.
If she shows up call the police bcuz no she can’t come and get things. Even if he was out of prison he still couldnt get stuff from ur house.
Why haven’t you divorced him yet? Just curious. Restraining order against mil for trespassing
Also file a protection Order immediately and have her banned from the property
No she can not legally do that. Call the police.
She needs to be helping you instead of trying to take away what you have left. You are raising her grandchildren with no support. I would give her a few choice words and tell her see you in court. I do not believe she can just say he gets this or that so give it here. You said he won’t get out for another 20 years so i doubt a judge will even side with her and it sounds like she is trying to get the stuff for herself.
If he bought those items with his own money before you two were married and he could prove with receipt that he bought those items, I’d say legally, ya she probably could. With that being said, I doubt he has kept the record of those purchases and if he bought them while you two were married, well she’s sol
I’m gonna go with no. She doesn’t live there and you don’t have to let her in unless and until a judge is ordering you to hand things over to her (which would only happen if he asked for them in the divorce) then you don’t have to do anything
I’m Canadian so like, I have no actual idea. But they both sound awful and should take a long walk off a short pier. If I had to take a guess though, that stuff is rightfully yours, and neither of them have any right to it.
Nope, she can’t come and take your stuff. Legally, she can’t even come and get HIS stuff, unless you agree that it’s his stuff. Meaning, you let her have it. Otherwise, it’s her obligation to prove it’s his stuff through court. And when it comes to that stuff, legally married trumps a power of attorney.
Tell her you burned it all!
No that’s called theft in any state. However, if he has a signed document he gets notarized then yes. As long as it’s not your property too. He can only take what (get her to pick up) what is considered legally his personal property. Not atvs cars etc.
Old adage possession is 9/10 of the law if you possess them it’s yours it’s up to someone else to prove otherwise.
Absolutely not… If your husband wants to start splitting things in the marriage… Tell him to do it the legal way. File for divorce…
No you have not had a divorce settlement so she cannot come and take anything.
Is she forgetting about her grandchildren and how this affects them? Why should a criminal be put above innocent children.
Change the locks on your house if she has a key, change your phone number and block her and anyone else on Facebook.
Umm NO. Change your locks and give her a big no… she would have to prove that stuff is his. How dare she?! Her son made his decisions and you have to pay the consequences with no help for you and your son and she is worried about his old furniture? Please. She is ridiculous.
Unless she can provide proof where he paid for said things, the next time she shows up call the cops and file a harassment complaint
Possession is 9/10th of the law she’ll need receipts for anything she wants
If you have questions please message me. Civil litigation trusts probate and family law were my absolute favorite classes. (Just for help with documents or finding answers you need for your state at the law library)
My only USA legal knowledge is from judge judy but I know she usually says anything the home is considered martial property so your mother in law has no right to it until you are divorced when the court would decide what goes to who x
If she says that again, tell her that she will be arrested for stealing.
No! Keep the door locked and don’t let her in!
Y’all are legally married so no she can not. It’s your house don’t let her in.
No wonder his ass in jail for 20 years. With a mother like that. Js
No.Your married.So unless there’s divorce and everything’s been separated that way grandma can’t touch s***. Being made Power of Attorney only gives them power of attorney over his financial assets. The fact he hasn’t lived in the home for over 6 months means he has no investment in the home. If you guys own the home together he would have to file for divorce and have everything separated that way. That would mean all assets would be divided equally. She is actually trespassing if she comes to your home and tries to take anything out that’s stealing… but like you said all states are different so I would contact a divorce lawyer an find out the details through them. Change all locks.
Change the locks and don’t let her in.
Nope… Legally HE can’t even take things from the matrimonial home without you agreeing to it.
Unless there’s a court order from a judge than no she cannot.
Tell her no 🤷 pack the rest of whatver is left of HIS things and leave it in the front yard and tell her through text YOU paid for everything else and the rest of HIS things are out front to come get them. Contact a lawyer and explain that youve already given everything of HIS to her and shes trying to steal your things- send in divorce and custody paper work to him in jail and switch the property and such titles in your name if they already arent. Once thats done she literally cannot TRY bs like that again🤷
Nope, hes still alive , he needs receipts and documents to prove what is his. It’s a small claims situation. I couldnt get my stuff when I left my ex the police said he would have to give me permission to enter and i cant prove what belongs to him or I so they were only going to give me 10 min to grab kids stuff and stuff that I could prove mine.
What they all said! Plus, make sure you document everything she does. Phone calls, emails, texts, etc
Uh nope it’s community property. He abandoned his belongings…so no. She can’t she’s just trying to push you over. Push her right on back…she can’t do sh!+
No. That’s your stuff
Nope! If married I would think all marital property!
Hell no… do NOT let her back into that house. She is stealing, power of attorney…is he dieing??? Ya anything you have let can be used as support for said children and get a divorce cause anything he makes in prison comes to you his lil 5.00 a week month whatever… your too
(Of course do your reseach first but that being said) No you dont have to let her in or take anything! It’s your fucking house! Call the cops and have her arrested for trespassing or more at each attempt. PoA doesn’t mean shit if he’s still alive and not incompetent (unless you live in a weird state.) Do your research (especially about abandoned property)and protect yourself and your kids. In Florida after six weeks with no agreement or arrangement to acquire that property (bed, dresser, clothes etc) it belongs to you. She’s being a bully.
No. The next time she comes over call the police and have her officially trespassed. I would also get a TPO against her.
30 days is all he has. Its been passed 30 says its yours now. Tell her to kiss where the sun don’t shine.
Nope, it’s really yours. 1. You’re still married. 2. He “abandoned” it anyway.
If he’s going to be in jail for 20 years who’s going to take care of his kids. I would tell her I’m selling it to pay for expenses for his kids. Power of attorney only gives her right to handle his affairs not his furniture
Tresspass her. If she wants it that bad she can take u to court
Have her arrested for theft and trespassing. Change the locks. Until there is a court order giving her permission to take a toothpick from your home, she can’t even have that.
He abandoned it. You don’t even have to give her his personal effects, she has to take you to court and have a judge let her prove it’s hers to take. So you’re doing a kindness letting her take what she has.
How is she getting in your home?
Change the locks so she can’t just come in. She has no authority
If she shows back up. Call the police
No. Call the cops for trespassing and harassment. Legally it’s yours if he doesn’t move the stuff within 30 days.
You’ve been in sole possession for so long its yours.
She has no right to enter your property without your consent and you have the right to refuse that.
Even in divorce proceedings you wouldn’t lose it given the circumstances and time frame.
Just simply say no, when she goes off on a rant let her don’t bite back and if she feels the urge to take you to court well good luck to her but it’ll cost more than the items are worth.
She has no legal authority to remove any community properties. She has to petition the court to grant her to said properties. You can always petition the court to have her provide you with child support as she is his representative.
Nope… Unless court ordered, the stuff is still legally yours… Assets are typically divided in court, unless agreed upon… Call the cops next time she comes and get a no contact order if it continues to become a problem
No tell her simply your done. Anything left belongs to the kids.
Call the police for trespassing, theft and harassment if she’s saying fuck you and the kids than fuck her too. Change the locks also
No ma’am she can not. I would encourage you to change the locks. Make sure all your assets are in your name only. Bank accounts, taxes, vehicles…POA will give her authority to dabble in those if his name is on them. The next time she wants something, simply tell her no. Encourage her to speak to the authorities if she has questions.
No and stop dealing with her.
hes been gone a year and a half. Your home isn’t a storage unit. After so long of it remaining in your home it becomes your possession. Just because a year and half later she decides she wants this tht and the next doesn’t mean she can just take it. Id def contact authorities or call a lawyer. Cause obviously they can see hes locked up for how long so rightfully its urs
Change your locks!!! Dont let her in.
No. He cannot take furniture from marital home. Without court order. Don’t allow her to take anything. He lost tgat right when he left and abandoned it.
Step 1 change locks step2 get a restraining order out on her. Step3 next time she comes back n she cant get in cause u changed the locks she is now breaking an entering n call 911. STAND YOUR GROUND!!!
I would consult a lawyer and ask them and get the ball moving on what they say and at that rate, let her take it-it’s not worth her selfish ass to deal with her. Everything is replaceable
Power of attorney does NOT give her any right to be on your property or in your home. Change the locks and extra ones, put up security cameras as well, do not let her in and I personally would inform the police that she may try to gain entry and they will be ready if anything happens. Get a lawyer and get a divorce as well. Divorce might even being easier since he is in prison
If she wants it that bad storage fees add up real fast.
NO WAY she doesn’t have any right to do what she’s doing.
What an enabling piece of work.
Unless court ordered I would say hard facking no!
Not trying to be negative in any way, but…you asked.
HELL No !!! But I suggest a quick divorce ASAP. Get rid of all the garbage at once. 🤷
Please update with how you shut her down.
As others have said, I would call a lawyer just to check, but I’m pretty sure POA does not include entering someone’s home and taking marital property. If a lawyer agrees I would make sure you send her something in writing stating she has no legal right to those things and she is not to enter your property or you’ll call the police for trespassing and attempted theft.
There’s abandonment of property laws in most states that’s what he did so whether she’s power of attorney or not he abandon his property and it belongs to you. Anything in your house also belongs to you she would have to file a civil suit in order to get it from you. And depending on the amount of time that one by in your stay I doubt she would even have an opportunity.
Get a avo on her and no she can’t take nothing from you at all possession is nine tenth of the law so what he left behind is legally your now she can’t take a single think from u unless there is a court order in place but other wise no she can’t but you can have her up for trespassing if she don’t listen to you and if I can afford it put cctv cameras up so u have got proof that she has been on your place with out your permissson
Change the lock. And your number while you’re at it!
No after 30 days its abandon and now your stuff. Do not let her in your home if she takes anything she is stealing from you. People are friggin nuts.
Can he prove those are his things? Receipts?
And nooooooo she cannot legally take anything out or off your property without a court order.
So i would encourage you to get a restraining order on her and change your locks!
Seems like she should care more about his kids than stuff
Check your state but I know where I am possession correlates to ownership unless other party has proof of purchase.