Withholding Personal Belongings

[Wondering13]

I live in Louisiana, and I'm questioning the legality of my brother taking my mother's belongings and moving them from his condo to a warehouse near his business and leaving many of her belongings for his adopted daughter to move into the condo. Since I objected to my brother doing this without even a word to me and had words with his daughter, my brother has locked me out of the condo and will not give me access to any of my mother's remaining property in either location. I had been moving things very slowly because I did not have the means or time with my work schedule and caring for my mother. Also I might add that he had no problem with my mother's items being there until this incident, and he and I were getting along just fine. I had even asked my brother initially if he had any space at his business to move Mom's things, but of course he didn't have any until his daughter decided she would move into the condo. My mother lived for 13 or so years in the condo but had to move because she is now 80, has had strokes causing dementia and other problems and can no longer take care of herself. It was also an upstairs condo, and she could not handle the stairs. Mid-June I brought my mother to live with me. Sometime ago my mother had a will written up (which I had my brother read before she signed) whereby she left all her personal belongings to me and split any cash accounts between the two of us. He was even asked about his wanting any of her personal belongings, and his words were no, just cash. And this was all fine until upon one day's notice his daughter wanted to leave her boyfriend (also father of two of her children) and move in. My mother's belongings were never his taste or good enough for him. Now all of a sudden without consulting me, he takes possession of her things. I also have a power of attorney for my mother. I'm wondering if he's legally able to just take her belongings. I feel that I am being penalized because I did not have the means to remove my mother's items before this occurrence, yet I have somewhat of a dilemma in that I do not have a storage place for them, and would have to get a mover and storage facility lined up for a certain time to get my mother's belongings from now two different locations. I do not know if I will act on this if I do in fact have any legal recourse since it is my brother, but it has caused very hard feelings and I am curious as to our rights in this matter.

[Gracie3787]

You have POA, correct?

Does your brother also have a POA?

[Wondering13]

No, he does not, but he will somehow try to throw his weight around.

[LdiJ]

Originally Posted by Wondering13

No, he does not, but he will somehow try to throw his weight around.

Ok...then I suggest you take your POA and get a locksmith to change the locks again on the condo, and then you take your POA, a mover, and the police to your brother's warehouse to take back your mother's property.

Your brother has absolutely no right to allow anyone to move into your mother's condo, and certainly no right to do anything with her personal property.

[Wondering13]

Thanks for the suggestion. It sounds good to me except that the condo is not my mother's. She rented it from my brother who owns it. So I don't imagine I can just change the locks myself.

[Wondering13]

Just an update, but I went to the police station with my power of attorney to inquire as to my rights, and I was informed that I would have to sue my brother in hopes of possibly getting my mother's belongings back. I am truly amazed at the unfairness of this and the difficulty I would have to go through to get back her own possessions.