Shared Property Disposal Dispute

Summary

The user and their mother share possession of a property. The mother is disposing of the users belongings without their consent. The user has a judgement of possession, which entitles them to immediate possession of what their father had in his name when he passed. The user has tried discussing the issue with their mother, documenting the items being disposed of, and placing them in locked storage. The user is considering filing a police report, seeking legal advice, and filing a lawsuit for conversion. The user has not yet enforced the judgement of possession due to financial constraints.

Full Conversation

My mom and I share possession of property that was given to me when My dad passed away. I have a judgement of possession which entitled me and My niece to immediate possession of what my dad had in his name when he passed. I have possessions on the outside of my home in the yard, and she comes through here cleaning up and throwing out things that belong to me and my husband. When we tell her that something is ours, and it's good, she spouts off , well it's not now. And takes it or throws it away anyway. We stayed outside in our tent one night , n she encouraged us to about a month ago, now she says we have to get it off of her property. Sheet us store our belongings under a tarp in her back yard, which she is saying to us now we have to throw away or she will dispose of it. What can I do to stop her from harassing us n throwing away our property. , My mom and I share possession of property that was given to me when My dad passed away. I have a judgement of possession which entitled me and My niece to immediate possession of what my dad had in his name when he passed. I have possessions on the outside of my home in the yard, and she comes through here cleaning up and throwing out things that belong to me and my husband. When we tell her that something is ours, and it's good, she spouts off , well it's not now. And takes it or throws it away anyway. We stayed outside in our tent one night , n she encouraged us to about a month ago, now she says we have to get it off of her property. Sheet us store our belongings under a tarp in her back yard, which she is saying to us now we have to throw away or she will dispose of it. What can I do to stop her from harassing us n throwing away our property. , My mom and I share property we both live on. My neice and I have *% ownership of property given to us when my dad passed away and we received a judgement of possession which entitled us to immediate possession of everything that was in his name at the time of his death.
What state are you located in? This will help me provide you with the most accurate information regarding property laws in your area.
Louisiana
Have you considered obtaining a restraining order to prevent her from disposing of your property?
No I have not
Have you discussed this issue with a local attorney or considered mediation to resolve the dispute?
No I haven't spoke with anyone yet
What evidence do you have to prove that the items she's disposing of are indeed your property?
Besides the fact that she will admit they were ours, we brought them here when we moved here.
What type of items are being disposed of? Are they valuable or have sentimental value?
Normal every day items we kept in storage that do have a resale value
Have you documented the items being disposed of, either through photographs or a written inventory? This could be useful in proving ownership and value.
Yes
Have you tried discussing the issue with your mother and explaining the importance and value of these items to her?
Yes, she doesn't care
Have you considered filing a police report for theft or destruction of property?
I considered it, but haven't done so yet
Why haven't you filed a police report yet? It could be a crucial step in protecting your property rights.
It's my mother, I didn't want to see her go to jail
Have you considered seeking legal advice about the possibility of civil action for the destruction of your property?
I am considering it.
What is the exact location of the property? This will help me provide you with the most accurate information regarding property laws in your area.
* hwy *, lake Charles, La *
Have you tried to establish clear boundaries or areas where your possessions should be kept to avoid confusion or disputes?
Yes
What steps have you taken to establish these boundaries or areas for your possessions?
We've all agreed when we moved here in April *
What was the agreement made when you moved in April * regarding the boundaries or areas for your possessions?
She let us know where we could store our belongings and gave us the storage key for things inside the storage building.
Have you considered seeking a court order to enforce the judgement of possession and prevent her from disposing of your property?
No I have not.
Have you tried to enforce the judgement of possession in court? This could potentially prevent her from disposing of your property.
No I haven't had the money to take her to court.
What steps have you taken to resolve this issue outside of court?
Talking with her to no avail
Have you considered seeking legal advice about the possibility of civil action for the destruction of your property?
Yes
Have you documented the instances of her disposing of your property, including dates, times, and the specific items involved? This could be crucial evidence if you decide to take legal action.
Not yet
What steps have you taken to protect your property from further disposal?
Placing them in locked storage
What is the nature of the items being disposed of? Are they personal belongings or items related to the shared property?
Lawn n garden items. Tent. Pipe
What is the estimated value of the items that have been disposed of?
Less than, * dollars
Have you considered filing a small claims lawsuit for the value of the items disposed of? In Louisiana, the limit for small claims court is $*.
No
Have you considered seeking legal advice about the possibility of civil action for the destruction of your property? In Louisiana, you may be able to file a lawsuit for conversion if someone intentionally interferes with your personal property.
No
Have you considered seeking legal advice about the possibility of civil action for the destruction of your property? In Louisiana, you may be able to file a lawsuit for conversion if someone intentionally interferes with your personal property.
No
Have you considered seeking a restraining order against your mother to prevent her from disposing of your property?
No
Have you considered seeking legal counsel to understand your rights and possible actions you can take in this situation?
No
I have not
Have you considered filing a complaint with the local police department for theft or destruction of property?
I have considered it
What is stopping you from filing a complaint with the local police department? In Louisiana, destruction of property can be considered a criminal act.
Hoping it would not go that far
What steps have you taken to communicate your concerns to your mother about her disposing of your property?
I spoke with her, she doesn't change her mind
What steps have you taken to enforce the judgement of possession that you have?
I have not taken any steps
What is the reason for not enforcing the judgement of possession that you have?
Not sure how to enforce it
Where to start
Have you considered seeking legal advice to understand how to enforce the judgement of possession? In Louisiana, you may need to file a motion to enforce the judgement in court.
Not yet
What steps have you taken to document the instances of her disposing of your property, including dates, times, and the specific items involved?

General Information:
- In Louisiana, destruction of property can be considered a criminal act.
- You may need to file a motion to enforce the judgement in court.
- The limit for small claims court in Louisiana is $*.
Pictures and documented dates and time
Have you considered filing a lawsuit for conversion, which is intentional interference with personal property, in Louisiana?
Not until now
Have you kept any receipts or other proof of purchase for the items that were disposed of? This could be helpful if you decide to pursue a lawsuit for conversion.
No
Have you considered seeking legal advice to understand your rights and the possible actions you can take in this situation?

General Information:
- In Louisiana, you may be able to file a lawsuit for conversion if someone intentionally interferes with your personal property.
- You may also consider filing a restraining order to prevent further disposal of your property.
I have considered it
What is the nature of the judgement of possession you have? This could determine your rights over the property and possessions.

General Information:
- In Louisiana, a judgement of possession confirms the heirs and their respective shares in an estate.
- Lake Charles Courthouse: * Ryan St, Lake Charles, LA *, Phone: (*) *-*.
Nature, it is a judgement of possession from a succession done when My dad passed away
What is the exact wording of the judgement of possession? This can help determine the extent of your rights over the property.

General Information:
- In Louisiana, a judgement of possession confirms the heirs and their respective shares in an estate.
- Lake Charles Courthouse: * Ryan St, Lake Charles, LA *, Phone: (*) *-*.
That kristle Dorina **** and Klowie Marie Miller take immediate possession of everything in Bolden Glenn Miller's name at the time of his death.
What actions has your mother taken that you believe violate this judgement of possession?

General Information:
- In Louisiana, a violation of a judgement of possession can be addressed in court.
- Lake Charles Courthouse: * Ryan St, Lake Charles, LA *, Phone: (*) *-*.
She insists that she has userfrux and that gives her exclusive rights over the entire property until she dies.
What is the basis of her claim to usufruct rights?

General Information:
- In Louisiana, usufruct rights grant the holder use and enjoyment of another's property, but not ownership.
- Lake Charles Courthouse: * Ryan St, Lake Charles, LA *, Phone: (*) *-*.
Her dad had it when her mother died
Did your mother's father leave a will specifying that she has usufruct rights over the property?

General Information:
- In Louisiana, usufruct rights can be granted through a will.
- Lake Charles Courthouse: * Ryan St, Lake Charles, LA *, Phone: (*) *-*.
No
In Louisiana, usufruct rights without a will are not automatically granted. You may want to consult a lawyer to clarify this. Lake Charles Courthouse: * Ryan St, Lake Charles, LA *, Phone: (*) *-*.
Thank you
What steps have you taken to enforce the judgement of possession that you have?
I haven't yet
What is stopping you from enforcing the judgement of possession?

General Information:
- In Louisiana, you can enforce a judgement of possession by filing a motion in court.
- Lake Charles Courthouse: * Ryan St, Lake Charles, LA *, Phone: (*) *-*.
Financial
Have you considered seeking free or low-cost legal aid in Louisiana? There are organizations that may be able to help.
Not yet
What is the nature of the judgement of possession you have?
I was granted immediate ownership of everything in my dad's name at the time of his death
What steps have you taken to protect your property from further disposal?
Putting things in a locked storage building
Do you have a lease or any written agreement that allows you to store your belongings on the property?
No it's a verbal agreement
Do you have any witnesses or any form of proof for this verbal agreement?
Yes I do have a witness
Who is this witness and what did they witness exactly?