Storage of someone else's property without payment

[zddoodah]

Would've been nice if you'd mentioned at the outset of your needlessly long post that the property where the car is located is owned by your mother.

So I want my legal fees

You certainly can ask, but you have no legal ability to recover these fees.

plus enough money to cover the costs of removing the vehicle stuff so the vehicle can be removed

What does "the vehicle stuff" mean? Do you want this car gone or not?

my sister and I are Powers of attorney which should make us higher up the totem pole by now if.

Totem pole? Telling us that your mother gave you power-of-attorney (making you agents or attorneys-in-fact) is pretty meaningless without telling us about the authority granted by the POA.

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?

Huh? You want this vehicle gone, and you want your sister to come and get it, but you want her to be charged with a crime for doing exactly what you want her to do? What the actual [bleep]?!

You are, of course, free to call the police. I imagine that, if you do, and if they show up, your sister will explain what's happening, and the cops will scold you for wasting their time.

there's more to the story than that.

I've been posting on legal message boards for a quarter century, and this is hands down the most obnoxious thing that folks post. You are in control of the story. You decide what we know. If you tell us a story and then don't like the answer you get, don't tell us that "you don't know the whole story." Whose fault is that if we don't know relevant things? It's yours.

She's 64 years old as ND she needs to learn to be a responsible adult.

Who cares? You came to a legal message board. Your desire to teach your 64-year old sister a life lesson isn't relevant to any legal issue. If you want the car gone, make it available to her to remove it.

 

[quincy]

Would've been nice if you'd mentioned at the outset of your needlessly long post that the property where the car is located is owned by your mother.




You certainly can ask, but you have no legal ability to recover these fees.




What does "the vehicle stuff" mean? Do you want this car gone or not?




Totem pole? Telling us that your mother gave you power-of-attorney (making you agents or attorneys-in-fact) is pretty meaningless without telling us about the authority granted by the POA.




Huh? You want this vehicle gone, and you want your sister to come and get it, but you want her to be charged with a crime for doing exactly what you want her to do? What the actual [bleep]?!

You are, of course, free to call the police. I imagine that, if you do, and if they show up, your sister will explain what's happening, and the cops will scold you for wasting their time.




I've been posting on legal message boards for a quarter century, and this is hands down the most obnoxious thing that folks post. You are in control of the story. You decide what we know. If you tell us a story and then don't like the answer you get, don't tell us that "you don't know the whole story." Whose fault is that if we don't know relevant things? It's yours.




Who cares? You came to a legal message board. Your desire to teach your 64-year old sister a life lesson isn't relevant to any legal issue. If you want the car gone, make it available to her to remove it.

This was mentioned in the first post.

 

[amo1977]

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

Agreed, and that's what I'm saying. She now has a medical diagnosis of dementia even though I'd say it's very early stages. I was unaware of the diagnosis when I had Mom sign the retainer documents. Then my sister told the lawyer that she had dementia. So that moves it to the next step. If I'm POA, then even though Mom's name is on the of she's been diagnosed then the POA should be able to do whatever needs done. Weather id press trespassing charges IDK. She can come down and get the car out herself and I'd be perfectly happy. My time is worth something too. If she thinks she needs paid to do anything than so do I.

 

[Zigner]

So there! Neener neener and all that good stuff.

You gotta decide. Do you want a fight that might lead to the car being gone, or do you simply want the car gone? That's not a legal matter, it's simply you deciding what you want to do.

 

[amo1977]

Would've been nice if you'd mentioned at the outset of your needlessly long post that the property where the car is located is owned by your mother.




You certainly can ask, but you have no legal ability to recover these fees.




What does "the vehicle stuff" mean? Do you want this car gone or not?




Totem pole? Telling us that your mother gave you power-of-attorney (making you agents or attorneys-in-fact) is pretty meaningless without telling us about the authority granted by the POA.




Huh? You want this vehicle gone, and you want your sister to come and get it, but you want her to be charged with a crime for doing exactly what you want her to do? What the actual [bleep]?!

You are, of course, free to call the police. I imagine that, if you do, and if they show up, your sister will explain what's happening, and the cops will scold you for wasting their time.




I've been posting on legal message boards for a quarter century, and this is hands down the most obnoxious thing that folks post. You are in control of the story. You decide what we know. If you tell us a story and then don't like the answer you get, don't tell us that "you don't know the whole story." Whose fault is that if we don't know relevant things? It's yours.




Who cares? You came to a legal message board. Your desire to teach your 64-year old sister a life lesson isn't relevant to any legal issue. If you want the car gone, make it available to her to remove it.

So I'm going to sit down and respond to this as best I can. I've posted several questions in different threads on this forum and I might have forgotten what I said where or where in each thread it was posted. As Quincy mentioned some of it is in the beginning of the thread/post. I'm on my phone and sometimes auto correct does stuff and I don't catch it.

So in reference to needlessly long post, I'm in control of what I tell and don't tell you, and it's relevance to weather it's pertinent to legals issues here's part of the back story that I didn't include since you're insisting on knowing. So my sister got divorced moved to a different town racked up an asinine amount of debt which my parents paid off. For paying off that debt a condition of that was that my sister was supposed to help my mother and I take care of my dad who had Alzheimer's at home so he wouldn't have to put him in the nursing home and lose their ranch. In 2 years she racked up over $30,000 in debt because of stupid purchases and other miscellaneous things. Not only did she never even say thank you and we paid off her debt from bill collectors and her car note with 18% interest she never did anything to help take care of my father. So I guess my question is to you is that the backstory that is legally relevant to my question about trespassing or is that going to make a needlessly long post even more needlessly longer? Yes I forgot to tell you what the power of attorney statement gave me and my sister I think that was stated somewhere else in this thread so yes I forgot that but then I have pretty well without having a four or seven year legal degree to know what you need to know I've told you a hell of a lot.

I don't have the exact document in front of me to type it out word for word. My sister and I have both medical and financial power of attorney which states that we have the authority to do any sort or type of business financial real estate transactions sign any documents so on and so forth if my mother is unable to do it. Whether that's because she's not competent or just not present at the time of where the document is needing signed. I apologize for not putting that in my post.

This may be as not been clearly explained. The vehicle has other people's property in front of it in the building. She does not want to touch anything to get her vehicle out. She thinks I should just do that for nothing to get the build vehicle out of the building. I think I have stated elsewhere in this thread that my sister will not do anything unless she gets paid for it. I told her either we're family and we work together or we're employees and we get paid. Provided I get what I think my time is worth to make the vehicle accessible she can come and get it. I do not want her to come and get it and then not pay me for my time to make it accessible to get the vehicle. Or she can come down make it accessible get her vehicle and put everything back where she found it. If she does not do that that's where I want to be able to have some leverage to press charges of trespassing or something else. Is it trivial yes. I've put up with this crap for long enough and she 64 years old and no she'll probably never learn but God bless America I've had my belly full of it and I don't care. If you think my post is stupid or that I'm a jackass then being adult since you're so much more intelligent than I am and don't comment and scroll on. Have a great day.

Part of this post was made using talk to text. I apologize for any errors in advance. I also apologize for the length but obviously the post that I'm replying to you is being a hypocrite because he was saying he didn't have relevant information but then I also make needlessly long posts.

 

[amo1977]

So there! Neener neener and all that good stuff.

You gotta decide. Do you want a fight that might lead to the car being gone, or do you simply want the car gone? That's not a legal matter, it's simply you deciding what you want to do.

Appreciate your brief and accurate feedback.

 

[amo1977]

Basically I told the lawyer that I wanted the vehicle gone. I told her that my sister would come and get it, but I wasn't going to release it till I was compensated for my time to make it accessible. So she sent my sister the paperwork and that's when the sister mother had dementia. So she backed out of going any further with it. The lawyer said that my sister would come and get the car if we made it accessible. I told the lawyer that she could come and get it if she wanted to but I wasn't going to do anything unless I got paid for it. And if I had to wait until mom died so we could follow legal properly legal procedures for me to get paid for it to be removed I'd let the sucker sit there until mom died. She can come and down and remove the car by yourself and put everything back or she can pay me to do it. Basically I want to know my options if she comes down to remove the car and doesn't put everything back where she found it.

 

[AlmostThere]

Basically I told the lawyer that I wanted the vehicle gone. I told her that my sister would come and get it, but I wasn't going to release it till I was compensated for my time to make it accessible. So she sent my sister the paperwork and that's when the sister mother had dementia. So she backed out of going any further with it. The lawyer said that my sister would come and get the car if we made it accessible. I told the lawyer that she could come and get it if she wanted to but I wasn't going to do anything unless I got paid for it. And if I had to wait until mom died so we could follow legal properly legal procedures for me to get paid for it to be removed I'd let the sucker sit there until mom died. She can come and down and remove the car by yourself and put everything back or she can pay me to do it. Basically I want to know my options if she comes down to remove the car and doesn't put everything back where she found it.

1) You can let her pick it up and deal reorganizing you collection of stuff on your own. Maybe use the opportunity to purge our old, unused items.

Or

2) You can make this much harder than it needs to be to hang on to the conflict and dysfunctional relationship.

Based on this thread, I am pretty sure you will pick option two.

 

[adjusterjack]

Basically I want to know my options if she comes down to remove the car and doesn't put everything back where she found it.

Sue her.

Cooperate with her.

Or continue to eat whatever shit she piles on you.

Your choice.

If I had the authority, I would lock this thread for kicking a dead horse.

 

[amo1977]

1) You can let her pick it up and deal reorganizing you collection of stuff on your own. Maybe use the opportunity to purge our old, unused items.

Or

2) You can make this much harder than it needs to be to hang on to the conflict and dysfunctional relationship.

Based on this thread, I am pretty sure you will pick option two.

Honestly I'm leaning towards #1.

 

[amo1977]

Sue her.

Cooperate with her.

Or continue to eat whatever shit she piles on you.

Your choice.

If I had the authority, I would lock this thread for kicking a dead horse.

Honestly I've had my fill of discussion the topic and not getting always getting a direct answer. So most likely I'm done with this.

 

[quincy]

Honestly I've had my fill of discussion the topic and not getting always getting a direct answer. So most likely I'm done with this.

Good luck doing whatever it is you finally decide to do, amo1977.

 

[not2cleverRed]

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.

Happy Birthday.

Celebrate by getting the car off the property. Seriously, you've been stewing about this for a while.

Just get it done. Anyhow, if you have to hire someone to clear a path and make it possible for the tow trunk to get to the car, that's on you. You can't complain about the car being there if you are unwilling to move the "vehicle stuff" out of the way.

You seem to be fishing here for approval of sticking it to your sister, while venting about the inconvenience of having her stuff around. Just do whatever to encourage and facilitate getting her stuff away.

I get that there's annoyance that she's not helpful with family, but every little bit that you take care of now will make the future that much easier. Believe me, I understand. I've got siblings, we've got issues.

Would've been nice if you'd mentioned at the outset of your needlessly long post that the property where the car is located is owned by your mother.

They actually mentioned it early on. They just don't seem to understand the importance of that fact.

This may be as not been clearly explained. The vehicle has other people's property in front of it in the building. She does not want to touch anything to get her vehicle out. She thinks I should just do that for nothing to get the build vehicle out of the building. I think I have stated elsewhere in this thread that my sister will not do anything unless she gets paid for it. I told her either we're family and we work together or we're employees and we get paid. Provided I get what I think my time is worth to make the vehicle accessible she can come and get it. I do not want her to come and get it and then not pay me for my time to make it accessible to get the vehicle. Or she can come down make it accessible get her vehicle and put everything back where she found it. If she does not do that that's where I want to be able to have some leverage to press charges of trespassing or something else. Is it trivial yes. I've put up with this crap for long enough and she 64 years old and no she'll probably never learn but God bless America I've had my belly full of it and I don't care. If you think my post is stupid or that I'm a jackass then being adult since you're so much more intelligent than I am and don't comment and scroll on. Have a great day.

Given your attitude, and that the other property is not hers, why should that be her problem? You are being unreasonable.

In fact, at this point, were she to post a thread about this, I suspect that most of us would caution her to NOT touch/move any items that were not her property.

You cannot complain that she won't move her car while simultaneously maintaining the property in such a state that there is no path for the car to get out!

This is a legal forum.
Legally, you can't compel her to clean up your generational trash, or pay to clean it up, so that she can gain access her car.
Legally, if you want to do something stupid, you might be giving her legal grounds for a valid claim against you. The negative posts have been advising you not to do something legally stupid.

Just be the bigger person, move the crap so that she can move out her crap; celebrate your birthday by waving "Bye bye" to the car.

 

[amo1977]

Happy Birthday.

Celebrate by getting the car off the property. Seriously, you've been stewing about this for a while.

Just get it done. Anyhow, if you have to hire someone to clear a path and make it possible for the tow trunk to get to the car, that's on you. You can't complain about the car being there if you are unwilling to move the "vehicle stuff" out of the way.

You seem to be fishing here for approval of sticking it to your sister, while venting about the inconvenience of having her stuff around. Just do whatever to encourage and facilitate getting her stuff away.

I get that there's annoyance that she's not helpful with family, but every little bit that you take care of now will make the future that much easier. Believe me, I understand. I've got siblings, we've got issues.



They actually mentioned it early on. They just don't seem to understand the importance of that fact.



Given your attitude, and that the other property is not hers, why should that be her problem? You are being unreasonable.

In fact, at this point, were she to post a thread about this, I suspect that most of us would caution her to NOT touch/move any items that were not her property.

You cannot complain that she won't move her car while simultaneously maintaining the property in such a state that there is no path for the car to get out!

This is a legal forum.
Legally, you can't compel her to clean up your generational trash, or pay to clean it up, so that she can gain access her car.
Legally, if you want to do something stupid, you might be giving her legal grounds for a valid claim against you. The negative posts have been advising you not to do something legally stupid.

Just be the bigger person, move the crap so that she can move out her crap; celebrate your birthday by waving "Bye bye" to the car.

Appreciate the feedback. Guess I'm not fishing for approval just waiting to know the options since I got my retainer fee refund check yesterday.

I guess my question is legally why is it my responsibility to move about 10 items? There's no restraining order and I've haven't told her she can't enter the building yet. She has access to the building. I get your point about her being concerned about damaging someone else's property, but she can honestly do it just as easily as I could. I'm decent enough that if they would have come down I would have helped. She just doesn't want to do anything. If she'd done it other times when I asked, it'd been easier to get to and it's not that bad anyway. I've been the bigger person for quite a while.

 

[Just Blue]

After perusing this thread...I feel really bad for your mother. It must be a painful disappointment to have such petty and nasty children.