lima_charlie
Junior Member
California
I am contacting an attorney on 5/19, but figured I would pose the question here.
My daughter's mother is dying. She will only be with us for about another 2 weeks or less. Her and I share joint legal and financial custody of our daughter.
What happens to her "stuff" in her apartment when she passes? The hospital discharged her to her mother's house 4 hours away, with hospice care. YES, the Grandmother took the dying daughter away from the mother's son (who I am working with CPS to get legal guardianship) and our daughter! I'll save that for another forum!
Anyway, her mother (the dying persons mother) has already come down to our town and taken her car, and her laptop back to her house. She is making plans to come back down here and back up the rest of the apartment and take it back with her to her town. I asked what she planned to do with it when her daughter passes, and she told me she planned to distribute it among the family; no mention of giving it to the children!
Shouldn't these meager possessions go to her children? We're only talking about $5K worth of stuff (probably including the car), but these are their mother's possessions. (I should mention her son is 14, and our daughter is 8.) obviously the children don't have their own place, but shouldn't they get to decide what happens to the furniture? Her son will be of driving age in 2 years; and my thinking is his Nana stole his Mom's car!!!
Additionally, I have a signed, notorized statement from when she was here in the hospital giving me and the children permission to go in to her apartment and remove any possessions the children would want. Would this be valid considering there is currently no will? I say currently because I think her mother will try and get her to do one, but her levels are so bad, she is hallucinating at this point. I would contest any legal documents that she were to sign from this day forward; the mental capacity just isn't there.
Sorry for the long post! To be honest, this is just material stuff to me-I would have to foot the bill for a storage facility to keep it. But, I think the children should be entititled to what little their mother is leaving them!
Thanks to all that respond!
I am contacting an attorney on 5/19, but figured I would pose the question here.
My daughter's mother is dying. She will only be with us for about another 2 weeks or less. Her and I share joint legal and financial custody of our daughter.
What happens to her "stuff" in her apartment when she passes? The hospital discharged her to her mother's house 4 hours away, with hospice care. YES, the Grandmother took the dying daughter away from the mother's son (who I am working with CPS to get legal guardianship) and our daughter! I'll save that for another forum!
Anyway, her mother (the dying persons mother) has already come down to our town and taken her car, and her laptop back to her house. She is making plans to come back down here and back up the rest of the apartment and take it back with her to her town. I asked what she planned to do with it when her daughter passes, and she told me she planned to distribute it among the family; no mention of giving it to the children!
Shouldn't these meager possessions go to her children? We're only talking about $5K worth of stuff (probably including the car), but these are their mother's possessions. (I should mention her son is 14, and our daughter is 8.) obviously the children don't have their own place, but shouldn't they get to decide what happens to the furniture? Her son will be of driving age in 2 years; and my thinking is his Nana stole his Mom's car!!!
Additionally, I have a signed, notorized statement from when she was here in the hospital giving me and the children permission to go in to her apartment and remove any possessions the children would want. Would this be valid considering there is currently no will? I say currently because I think her mother will try and get her to do one, but her levels are so bad, she is hallucinating at this point. I would contest any legal documents that she were to sign from this day forward; the mental capacity just isn't there.
Sorry for the long post! To be honest, this is just material stuff to me-I would have to foot the bill for a storage facility to keep it. But, I think the children should be entititled to what little their mother is leaving them!
Thanks to all that respond!