Q: Can my father go through my personal belongings in search for things he thinks he should have inherited?
I have lived in my grandparents home since my grandmother passed 30 yrs ago. I've lived here and raised a family here for 30 years. My uncle owned the house but didn't live there with us he lived in the house 3 doors down. He allowed my family and I to live there rent free. When he passed away, his brother, my father inherited the house. My father is now kicking us out on the street and keeps coming over to go through my personal belongings in search of things that belonged to my grandparents that he says he's entitled to. Does he have the right to come into my home and take things? There are some things there that did indeed belong to my grandparents but my uncle said I could have years ago. Like the furniture I use, for example and he has taken. I'm moving out. Do I have the right to take whatever is in my home with me since it's in my posession for 30 years?
A: Of course you can take with you the things that you own.
James Edward Berge agrees with this answer
A: If you own the property, it’s yours to keep. If it was owned by your grandfather at the time of his death, it now belongs to your dad. It’s up to you and your father to prove ownership of the property by clear and convincing evidence. If you can prove that you bought the property or that it was given to you, it’s yours to keep. Your dad should not assume that everything that belongs in the house belonged to his father merely because he owned the house. That’s like saying a landlord owns all tenant possessions. If your dad doesn’t return what belongs to you, he could be charged with theft and held liable for any damages, loss of value, and attorney fees to recover the property. He acts at his own peril. You may need an attorney to represent your rights.
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