Storage of someone else's property without payment

[amo1977]

Well I have a new question related to this topic. Nebraska, To recap, I've stored a car with a value of $1-2000 max for my sister for what was supposed to be a couple months until her friend could fix it. 16½ years later I still have it taking up space and she hasn't paid a dime or said thanks. On May 1 I verbally told her she had 60 days to remove the car. My brother and I have stuff stored in there as well. She told me before the 60 days was up that she had talked to my brother and that's all she said. Well 60 days was up with nothing done. So I had a lawyer start procedure for selling abandoned property that has a title. Sister got her registered letter and asked the lawyer if she had spoken to my mother. Even though I have a verbal (yes I know) lease, since the land is in her name mother had to sign the retainer agreement. Sister informed the lawyer that Mom had been diagnosed with dementia, which I wasn't aware of. Sister stated that she had a tow truck lined up to remove the car if someone would make it accessible to get to. That was roughly 45 days ago. Lawyer didn't want to proceed further because after I called the DR office, my mother was diagnosed with mild dementia. She can still reason but for legal purposes it's irrelevant and I'm not going to go into that.

Well today she texted me stating that she had sold the car (which I highly doubt) and wanted to know when it'd be available for pickup. This may sound Petty on my birthday she's free loaded storage for 16 years and hasn't done a dang thing to help the family at all. She wants me to make the vehicle available for the tow truck to come and get without any compensation. She or her spouse will not come down and put forth any effort either. And I got to hire somebody to make it so a tow truck could get to it. So I want my legal fees plus enough money to cover the costs of removing the vehicle stuff so the vehicle can be removed or it's just going to stay until my mother dies and then I can go back to the abandoned property route. Or she can come down and move the stuff and get it out herself and put the stuff back where she found it. Which I get she doesn't want to damage somebody else's property but at the same time my times worth something and she's already got enough freebies and perks if I got to make it so the tow truck can get in there she should pay me for my time because she won't do anything unless she gets paid for it.

So I guess the main question that I got for you guys is in Nebraska if I have a verbal lease for a piece of property from my mother who has dementia and my sister and I are Powers of attorney which should make us higher up the totem pole by now if. If my sister decides to come and get her vehicle that the last time it was licensed I think was 2006, even if she had a title to it can I press trespassing charges? Do I want the car gone absolutely. I also think I'm entitled to some financial compensation if I have to make it assible or they can do it and put everything back where they found it.

Thanks and sorry about length. Always feel it's better to thoroughly explain something then constantly reply to multiple emails asking clarification questions.

 

[quincy]

Well I have a new question related to this topic. Nebraska, To recap, I've stored a car with a value of $1-2000 max for my sister for what was supposed to be a couple months until her friend could fix it. 16½ years later I still have it taking up space and she hasn't paid a dime or said thanks. On May 1 I verbally told her she had 60 days to remove the car. My brother and I have stuff stored in there as well. She told me before the 60 days was up that she had talked to my brother and that's all she said. Well 60 days was up with nothing done. So I had a lawyer start procedure for selling abandoned property that has a title. Sister got her registered letter and asked the lawyer if she had spoken to my mother. Even though I have a verbal (yes I know) lease, since the land is in her name mother had to sign the retainer agreement. Sister informed the lawyer that Mom had been diagnosed with dementia, which I wasn't aware of. Sister stated that she had a tow truck lined up to remove the car if someone would make it accessible to get to. That was roughly 45 days ago. Lawyer didn't want to proceed further because after I called the DR office, my mother was diagnosed with mild dementia. She can still reason but for legal purposes it's irrelevant and I'm not going to go into that.

Well today she texted me stating that she had sold the car (which I highly doubt) and wanted to know when it'd be available for pickup. This may sound Petty on my birthday she's free loaded storage for 16 years and hasn't done a dang thing to help the family at all. She wants me to make the vehicle available for the tow truck to come and get without any compensation. She or her spouse will not come down and put forth any effort either. And I got to hire somebody to make it so a tow truck could get to it. So I want my legal fees plus enough money to cover the costs of removing the vehicle stuff so the vehicle can be removed or it's just going to stay until my mother dies and then I can go back to the abandoned property route. Or she can come down and move the stuff and get it out herself and put the stuff back where she found it. Which I get she doesn't want to damage somebody else's property but at the same time my times worth something and she's already got enough freebies and perks if I got to make it so the tow truck can get in there she should pay me for my time because she won't do anything unless she gets paid for it.

So I guess the main question that I got for you guys is in Nebraska if I have a verbal lease for a piece of property from my mother who has dementia and my sister and I are Powers of attorney which should make us higher up the totem pole by now if. If my sister decides to come and get her vehicle that the last time it was licensed I think was 2006, even if she had a title to it can I press trespassing charges? Do I want the car gone absolutely. I also think I'm entitled to some financial compensation if I have to make it assible or they can do it and put everything back where they found it.

Thanks and sorry about length. Always feel it's better to thoroughly explain something then constantly reply to multiple emails asking clarification questions.

Don’t be petty. You want the car picked up. Make it available to pick up.

 

[amo1977]

Don’t be petty. You want the car picked up. Make it available to pick up.
[/QUOTE

I appreciate your comment, but there's more to the story than that. She's 64 years old as ND she needs to learn to be a responsible adult.

 

[quincy]

You have explained the situation pretty well already and, yes, your sister is irresponsible. But if you want the car gone, then make the car available to her so she can tow it away.

You might want financial compensation, but don’t expect it. And don’t report her as a trespasser.

 

[adjusterjack]

I appreciate your comment, but there's more to the story than that. She's 64 years old as ND she needs to learn to be a responsible adult.

I don't know how old you are but you should have learned long ago that you can't fix other people.

After 16 1/2 years of allowing this situation to continue, you want to risk having it continue another 16 1/2 years by kvetching about your "rights"?

Make the car available, keep your mouth shut, and get on with your life.

 

[amo1977]

I've read both of your replies here and elsewhere and respect direct answers to a said question. Quincy I respect your reply, but I think it's a response to me not being a dick rather than legal interpretation of the law. Ive read dumber stuff on this forum, and I've tried to work with her. At some point enough is enough and I don't need to be pushed around.

Simple answer to a simple question. She has abandoned property with a title in her name on property she doesn't have permission to be on. Provided my mother has dementia and that makes me being power of attorney take presidence. So mother shouldn't and at her age doesn't need to be bothered as to granting my sister access.

 

[Taxing Matters]

The bottom line is that if you go to court over it, the fact that she offered to come pick it up if you made it available for the tow operator will not be good for you. You might even end up owing her for wrongfully holding her property. Like it or not, under the fact pattern you've described you don't have a good legal reason to demand that she pay you before releasing her property to her. You allowed her to store it there and evidently over 16 years did nothing either to demand a storage fee or have the property removed until now. It's way too late to go after a storage fee now. I get that you are upset with her and want a little payback for how she's treated the family, but all that refusing to let her take the car will do is give you even more grief with her. The easiest, least expensive, and least aggravating thing to do is just let her get the car and hopefully you won't have to deal with her again.

 

[quincy]

I've read both of your replies here and elsewhere and respect direct answers to a said question. Quincy I respect your reply, but I think it's a response to me not being a dick rather than legal interpretation of the law. Ive read dumber stuff on this forum, and I've tried to work with her. At some point enough is enough and I don't need to be pushed around.

Simple answer to a simple question. She has abandoned property with a title in her name on property she doesn't have permission to be on. Provided my mother has dementia and that makes me being power of attorney take presidence. So mother shouldn't and at her age doesn't need to be bothered as to granting my sister access.

Your mother gave your sister permission to stow her vehicle on her property and your brother stores items on her property and you are a tenant in a house belonging to your mother. Your mother has let all of her children use her property and she has not rescinded permission.

I think you need to make it easy for your sister to pick up her car if you really want it gone. I don’t think you want this to end up in court because, although I understand your frustration with your sister, I think your position is a weak one legally.

Good luck.

 

[amo1977]

The bottom line is that if you go to court over it, the fact that she offered to come pick it up if you made it available for the tow operator will not be good for you. You might even end up owing her for wrongfully holding her property. Like it or not, under the fact pattern you've described you don't have a good legal reason to demand that she pay you before releasing her property to her. You allowed her to store it there and evidently over 16 years did nothing either to demand a storage fee or have the property removed until now. It's way too late to go after a storage fee now. I get that you are upset with her and want a little payback for how she's treated the family, but all that refusing to let her take the car will do is give you even more grief with her. The easiest, least expensive, and least aggravating thing to do is just let her get the car and hopefully you won't have to deal with her again.

I asked her spose several times to remove it. Once he said that my sister mentioned all I had to do was rearrange things so there was more room. It's been brought up several times over the last 7-8 years. I do understand and appreciate your feedback.

 

[adjusterjack]

Simple answer to a simple question.

It's not simple.

She has abandoned property with a title in her name on property she doesn't have permission to be on.

Not any more. What has gone on for the last 16 years no longer counts because you never took legal action. What is happening today counts. Today she has given you notice that she will pick up the car. If you prevent or deter that in any way, you become the bad person were it to end up in court.

Provided my mother has dementia and that makes me being power of attorney take presidence.

That your mother has dementia does not "make" you power of attorney.

To have power of attorney you must have a power of attorney document signed by your mother when she was mentally competent to sign it.

Do you have such a document?

 

[amo1977]

It's not simple.



Not any more. What has gone on for the last 16 years no longer counts because you never took legal action. What is happening today counts. Today she has given you notice that she will pick up the car. If you prevent or deter that in any way, you become the bad person were it to end up in court.



That your mother has dementia does not "make" you power of attorney.

To have power of attorney you must have a power of attorney document signed by your mother when she was mentally competent to sign it.

Do you have such a document?

Yes, my sister and I are co POAs as well as exucstors of the estate. Mom and Dad did a lot of planning so the estate is going to be mostly filling paperwork. She can reason if you explain stuff to her she forgets and technically she has been dignosed with dementia. Hell I'm 46 and forgget stuff. Moms 92. The point is stuff was having to be run through Mom's name since her name was on the real estate even though I've had a verbal lease for 20+ years. Now that she's been diagnosed, the people who have POA should superceded Mom? Yes I know my sister is also co POA, but if it's a draw neither one of us can do anything and I should be able to prosecute for trespassing since I'm POA as well as the person leasing.

A good chunk of the backstory of this is she is never wanted to have any physical effort in anything but yet she wants all the perks. They could come down and move everything out put it back and have her car I want the thing gone. She's currently doing mom's laundry and stuff like that but you wouldn't do it unless she got paid and I couldn't find anybody else to do it. Yeah I'm with a lawn and I skipped the snow I've done things for ever since I was old enough to do it and she thinks she's got to be paid and then she thinks she should get free storage and she thinks she shouldn't have to lift a finger to remove her car. My times worth something too especially when I got higher help to do it and they don't want to come down and help so........

 

[amo1977]

Actually I've been contemplating getting legal guardianship. I about filled, but I had a conversation with a person who works with the elderly and she said when she does mom's review, she could appoint me legal guardian. I had a conversation with her last week and I kind of got a hunch that she will do that. Which would be good because it would be less family drama and if anybody contests it it's would be 2 to 6,000 my lawyer said.

 

[quincy]

… it would be less family drama …

I don’t think that will lead to less family drama.

 

[Bali Hai Again]

Get the water tested on that farm before you drink anymore of it.

 

[AlmostThere]

Yes, my sister and I are co POAs as well as exucstors of the estate. Mom and Dad did a lot of planning so the estate is going to be mostly filling paperwork. She can reason if you explain stuff to her she forgets and technically she has been dignosed with dementia. Hell I'm 46 and forgget stuff. Moms 92. The point is stuff was having to be run through Mom's name since her name was on the real estate even though I've had a verbal lease for 20+ years. Now that she's been diagnosed, the people who have POA should superceded Mom? Yes I know my sister is also co POA, but if it's a draw neither one of us can do anything and I should be able to prosecute for trespassing since I'm POA as well as the person leasing.

You can't play it both ways and say she has dementia so you should be able to do things on her behalf and then say she is competent to make decisions.

Being diagnosed with dementia does not automatically mean she is incompetent to manage her affairs. Your mother needs to be tested for competency and if the results show she is incompetent, you need to go to court...

The path to conservatorship is outlined here:
https://supremecourt.nebraska.gov/administration/public/guardianship-and-conservatorship-information