Legal Question in Elder Law in Massachusetts

Who owns which personal possessions?

My husband and I moved into his mothers house 6 months ago. She has alzheimers and can no longer provide her own care. We have incorporated our personal belonging into the household as well as use of what was here. We now realise that another relative has begun to devide what will eventually will become 'the estate'. The relative has verbally requested certain items to be given to him when mother is placed in nursing home. We are currently awaiting placement. The problem is some of the items requested were never mothers. They were moved into the household recently. The relative claims that items were mothers. How do we distinguish ''our'' belongings from ''mothers''? Should we store our belongings elsewhere? Does relative have the right to enter this house to take inventory for estate purposes? Relative is half owner with my husband with a life estate on property for mother.


Asked on 12/12/01, 10:17 am

1 Answer from Attorneys
Harry Margolis Margolis & Bloom, LLP

Re: Who owns which personal possessions?

You have a difficult problem. I think the best bet is to walk through the house with the relative and make an inventory (a fancy word for a list of what's there) indicating what belongs to you and what belongs to your mother-in-law. Then you can narrow the areas of disagreement. There may not be much at issue, and you might be able to show that the matters in dispute belong to you through purchase records, photos in your former home, or other means. I should hope this won't escalate to such a point you both need attorneys.

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Answered on 12/23/01, 1:56 pm


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