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personal property

  Author:  29775  Category:(General Advice) Created:(6/4/2004 4:02:00 AM)
This post has been Viewed (1266 times)

My aunt purchased 3 houses off of her aunt 2 years ago. There is a few things that her aunt left in the house ( furniture wise). My aunt has called her on several occasions to have her remove the furniture, but the last time she called her, her aunt stated that she was going to have a trash man come in and get the items.

What we were wondering is, my aunt is interested in keeping the furniture that is in there. They are all antiques. Since her aunt has basically abandoned these items, can my aunt keep them? I mean her aunt already said she was just going to have a junk man come and get these things.

Another thing is, since my aunt has purchased these houses, does her aunt have the right to go in there any time she wants and "check things out" so to speak? Since no one is living in these houses, my aunt had me place padlocks on the doors so no one can get in without the padlock key. Well her aunt doesnt think it is right that there are padlocks on the doors. She isnt going in there to get anything. She is just going in there to look around and things like that. these houses arent very safe though. My aunt is going to have them torn down this summer, but she wants to get the furniture out of the houses first. She didnt know if she could , I guess you want to say, legally remove the furniture without her aunt pressing charges on her. I mean we have given her every opportunity to get these things out. It has been 2 years

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Replies:      
Date: 6/4/2004 4:11:00 AM  From Authorid: 49689    If she purchased the houses and the Aunt no longer has possession of the deeds,then the other aunt can do anything to the houses that she sees fit,and the only person that can tell her otherwise is the lien holder,if there is one   
Date: 6/4/2004 4:37:00 AM  From Authorid: 24924    I don't see what the problem is here. If your aunt ASK the aunt (she purchased the houses from): "Auntie Em, since you've said that you were going to have a trash man remove the items; do you have any objection if I keep them?"; and if the answer is NO, then case closed. IF your aunt's aunt says she STILL wants the trash man to come remove them, then there isn't much one can do, but perhaps help expedite the removal of the items in a more timely manner. In any case, DIRECT questions to the owner of the items is always the best policy, but, and if she is vague, or if she refuses to dispose of the items in SOME manner , then your aunt (since she now owns the property) can have them removed in any manner SHE chooses. Personally, I think when anyone says the word "trash" regarding in the disposal of something, then that means they don't care what happens to the items. And in that case, if *I* wanted the items, I would KEEP them. I'm quite certain the law would agree with that.  
Date: 6/4/2004 5:17:00 AM  From Authorid: 48809    I would say that if she has left the furniture or whatever in the house for 2 years she has abandoned it and your aunt can keep it... no one is required to be responsible for someone else's property forever. I would tell her if she wants to come get it(although after such a long time I don't think she has to) that if is not removed like in a certain amount of time then it is your aunts. If the other one makes trouble , then tell her she owes your aunt for storage fees!  
Date: 6/4/2004 6:26:00 AM  From Authorid: 62624    I'd consult a lawyer on this one. Things could get messy. She claims that she doesn't want them, but could change her mind in a blink of an eye and then there will be all sorts of family problems. Kimberley  
Date: 6/4/2004 9:28:00 AM  From Authorid: 49765    once the house is sold and deed has changed, then no - the previous owner has no right to enter without permission and cannot take anything.  
Date: 6/4/2004 9:31:00 AM  From Authorid: 53284    You might check with a lawyer about the property. If your aunt doesn't want the items and you do, you probably should buy them from her and get a bill of sale listing the individual pieces so there can be no problems at a later date.  
Date: 6/4/2004 9:39:00 AM  From Authorid: 13119    The aunt that sold the property has no legal right to go in and do anything, it is trespassing. As for the articles left in the house they are abandoned and can be disposed of, your aunt that bought the house should send the other aunt a registered letter telling her that the furniture and effects are going to be sold to pay for their storage.  
Date: 6/4/2004 11:05:00 AM  From Authorid: 4144    whoever owns the houses owns the contents. i say keep it.  

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