QUESTION
Do I need to send the daughter in law a registered letter to remove items, how long do I have to give her to remove them?
Asked on Jun 09th, 2013 on Estate Planning - Delaware
More details to this question:
I have POA for my aunt that has alzheimers, her husband passed away a year and half ago and she has been living with me since. The house was left to her by her late husband. at the house in the garage are a lot of things that belonged to her husband’s son, who is also deceased for approximately 10 years, and his wife. We are wanting to clean the garage out. Do I need to send the daughter in law a registered letter to remove items, how long do I have to give her to remove them? Or are they already considered belonging to my aunt since they have been in the garage since the step son passed away. Thank you.
9 ANSWERS
3 Awards
I would suggest sending the same letter via regular mail and certified mail and keeping a copy. In the letter provide that she has 30 days to contact you to make reasonable arrangements to remove the items. If she goes not contact you by __ day of.
Answered on Jun 13th, 2013 at 12:07 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There's lots of analysis to do to really answer, but short answers: how much monetary value is there in this stuff? In other words, what's your risk? Are there family photos from 50 years ago that cannot be replaced? Or lots of old used stuff? Just a note if you send a letter registered, also send it plain first class. Some people don't pick up registered letters.
Answered on Jun 11th, 2013 at 9:37 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I would send a letter, just to protect yourself. You do not state what the items are or how much they are worth. If it is just junk, I would not worry too much about it. As a courtesy, I would still give her 30 days to arrange to pick the items up. If she does not, I would either dispose of them or donate them to charity.
Answered on Jun 11th, 2013 at 9:37 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I am not aware of any law that says you have to notify her. As a courtesy, you may want to send her a certified letter and give her thirty days to pick up the property. I don't think she will complain, as she has had her property there for years and not had to pay any storage fees.
Answered on Jun 11th, 2013 at 10:58 AM
2 Awards
The law will likely presume them abandoned. That said, so you don't have any issues down the road, it is a good idea to send her a certified letter and give her 30 days to remove the items. Tell her they will be disposed of if arrangements are not made to remove the items.
Answered on Jun 11th, 2013 at 10:44 AM
Thomas Edward Gates
You do not have to send a registered letter, but you need to inform her of your intent to clean the garage. Generally, 90 days is an adequate notice.
Answered on Jun 11th, 2013 at 10:44 AM
I'd first try to directly contact the daughter-in-law, explain and ask her if she wants the items. If she does, set a date by which they must be removed (a reasonable period of time is about 30 days, more if the d-in-l doesn't live in the area. If she says she doesn't want the items, send her a letter, return-receipt-requested, acknowledging the conversation and her decision to allow you to dispose of the items. Include your contact information and ask her to call within 10 days if she changes her mind. If you can't contact her by phone, send a registered letter, return receipt requested, giving her 30 days to remove the items. If the items are still there after 40 days, dispose of them as you wish. While the items probably belong to your aunt now, she may have had a verbal agreement with her step-son to store them until he or his heirs chose to retrieve them.
Answered on Jun 11th, 2013 at 9:31 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Sending the letter would be a good idea. After all this time, it is unlikely that she would want any of these items anyway, but protect yourself, and make a list of what property is in the garage.
Answered on Jun 11th, 2013 at 9:20 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Technically if there for 10 years, that should be enough time, but if you want to just send her a letter, certified so you have proof of mailing and receipt, and send one by regular mail also, giving her around 7 days or so to remove them, would be fine.
Answered on Jun 11th, 2013 at 9:20 AM