Location: California: My parents lived in my house that I didn’t live in for over 20 years. They had lost their jobs and I had a second home and let them live there for free as long as they helped with the upkeep. Dad passed and mom has dementia and lives in a nursing home. I have to rent the place, to try to recoup some money. My siblings are taking forever to sort and remove items. I just can’t keep paying money for the mortgage and all the upkeep etc… How much time should i give them, and should i get a lawyer? I know its sentimental stuff and I’m super sad too. Any advice. Thaks
Comments
Why do you feel your siblings need to empty your house?
Give them a set date, tell them that everything left after that date is going to goodwill or the dump. Then stick to it.
Depends on where in California give them written notice each separately in accordance with your areas laws. Usually it’s 1 month for abandoned property.
Put everything in a storage unit, they can sort it there
If you have the means put it in storage in your mom’s name.
You need to move the parent’s stuff into storage until their possessions are divided to whoever has rights to them (spouse, children including you etc), and then you can rent it out. It’s not your sibling’s job to do it since you own the place, but you also can’t just sell stuff until it’s legally divided amongst you all.
Put all the stuff in boxes, leave the boxes outside your siblings door as they are the people who want it.
If they live far away, rent a locker, put their names on the contract, if they refuse to put their names or pay their share of the lockup cost, document that they’ve abandoned the property
Give them a deadline and then hire someone to clear out the house. Don’t pay to put it in storage. Take what is sentimental to you and have the company sell/donate/trash. Boomers have a lot of “stuff” that their kids don’t want.
I would set a date of three weeks for them to get what they want. I’d send that date to them in a family chat and make each one replied or send a certified letter if you think they could try to sue you in the future. Whatever you do, keep evidence that you notified them.
I feel for you. I had to sell my mom’s hoarder home as is because I couldn’t do everything on my own. It sucked, but every day was lost $$$.
If you can afford it have someone pack it up and store it. I am also for going the legal route. Tell them how many days they have and get a dumpster.
You gave up rent on this place for years to house your parents.
I did learn that you can get people to help clean out a house for cheap if you aren’t worried about theft, but they are also unreliable. Best of luck.
As this is legal advice.
If she is legally incapacitated you have to inform the legal guardian. Otherwise, the parent, and give a timeframe.
If it is you @op, you still have to act in the interest of the person, not you. So selling to help with payment, etc.
Do keep a list of what there is and has been disposed of.
If you aren’t her guardian/have poa consider doing this.
As for your siblings.. they have no say right now as far as I understand it. But be careful with valuables, no kne can just ransack say jewellery, antiques etc.
Nal, and certainly not California.