Legal Question in Family Law in Maryland
My father (age 83) has lived with the same woman for 15 years in the same house in Maryland taking physical care of this woman. She suffered a stroke 13 years ago.
The house is deeded in the woman's name. The woman's son has power of attorney for this woman. My father moved out of the house 3 weeks ago under duress from the son and did not take any of his belongings, i.e., computer, assorted furniture and kitchen items, clothes, bed clothes, towels, personal jewelry, mechanical tools, garden tools, grill, etc.
The son had his attorney warn my father (via correspondence) not to return to the house. My father sent a letter with an inventory of his items and requested "dates" that were available that he could return to the house to retrieve his items. The son's attorney responded that "they" needed more time to review. It has been over 2 weeks.
What rights does my father have in returning to the house to retrieve his personal belongings as listed above? He does not have funds for a personal attorney.
1 Answer from Attorneys
Your father has full rights to whatever items he can establish belong to him. Unfortunately the only way to enforce these rights if the son refuses him access is to file a court action known as a replevin. He may be eligible financially for a pro bono (free) or reduced fee attorney through your county bar association. There are pro bono clinics in Montgomery County on a weekly basis which you can find out about if you contact the bar association.
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