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Grandparents trying to pack up Mom's stuff! HELP!

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Old Jan 23rd, 2008, 04:46 PM     #1
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Confused Grandparents trying to pack up Mom's stuff! HELP!

My mom is here in CA visiting as she does every year for the holidays. She lives in Oregon in a trailer that my grandparents, her parents, bought for her about 6 years ago. It is in my grandparent's name. My mom pays the space rent and the utilities. While my mom was on the plane to come here, my grandparents called me telling me not to send her back this year. I need to keep her here with me. Of course this is not an option, especially on such short notice. So, I get a call again the other day, after 2 months of my mom being here, from my grandparents saying that they are going to pack up all of my mom's stuff and put it in storage. They said that if I send her back, they'll go to court and have my mom made a ward of the court and put into a home and she won't be able to come visit again because they (they meaning the state apparently) won't allow it. I know this is nonsense, but still I'm concerned that they will go and do something stupid that will cause a lot of unnecessary problems. My mom is not in the best of health, she suffers from fibromyalgia and severe depression and is on disability. She has had a hard time taking care of herself the few months before she came due to a ruptured disk, but is not in such bad shape to be made a ward of the court and put into a home. So my question is, what rights do they have as far as her house is concerned? Can they just go in and pack up all of her things and sell the trailer? There is no written agreement regarding the situation, but the trailer was bought for my mom with the intentions of her living there "forever". My grandparents wanted to put it in my mom's name, but because she receives food stamps and is on disability, if she owned a home, her benefits would be lowered or cease altogether, according to my grandparents. I need some help on the subject so I can call my grandparents and let them know they cannot just snatch my mom's home out from under her. I doubt that regular landlord tenant laws apply here, so someone please help!
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Old Jan 23rd, 2008, 09:14 PM     #2
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Default Re: Grandparents trying to pack up Mom's stuff! HELP!

Since your Mom is paying money to live there (if only for the lot space), has the utilities in her name, and has lived there for 6 years, she has definitely established residency. As such, they cannot just empty the place out and put her things in storage. She has occupant's rights. When there is no written agreement, the state (all states) create an agreement for the tenant to protect them. She is a tenant at will and they must give her a written notice to vacate in 30 days before they can get her out. If she fails to vacate and remove her belongings on her own, they must go through an eviction to have her things removed. If they were to just go in and remove her items and place them in storage it would be considered a constructive or illegal eviction, and she can sue them for this. The law outlaws this type of behavior just as it outlaws shutting off the utilities on a tenant or removing the door to the apartment.

If they give her written notice, she will have to remove her belongings within that 30 days. They own the trailer and have the right to ask her to get out. Then she will have to find another place to live. If you give me your state, I can give you the statute to quote to them about the notice, and the statute that says how much they can be liable for if she sues them for this.

May I ask why they want her out? Is she too much to care for in their advanced age? Could you get her some in home care? The local health department may have a program that could help her for little or no money.
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