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It would only make problems for my sister if I pursue this further. My nephew has no money to be able to make restitution anyway and they would look to my sister (his mom) to pay for it. I have caused her enough trouble already. A couple of weeks ago I accidentally left the back door on the car open and she backed out the next morning and hit the garage door and now the door is all banged up and won't close. Unfortuantely I do not drive and I don't have any liability insurance.
I am still very concerned about what to tell mom. I know she would probably call the police and make a big deal out of it if she knew it was missing. If I tell her we still have it, it is a lie and sooner or later if you lie it will catch up with you later, I can't lie to mom about her piano.
Anyway this whole move when we moved mom to the nursing home and me into my sister's house was done all wrong anyway. Multiple car trips to bring things over a little at a time with my nephew doing the driving, and then ended up we had to hire professional movers to get the stuff moved out at the end of the month with me paying for it.
My mom has a living trust. There are only two things I've always asked for that belonged to my mom. One she has a desk that belonged to her from the 6th grade, two she has a (copper lined, very rare) smoking stand that she gave to my grandpa when she was a young girl. I've always asked for those two things and only those two things and my mom has agreed to let me have them, when she goes. I want nothing else, nothing just those 2 things and only those two things for sentimental value.
Now are you saying that unless those two things are itemized in the will/trust that I won't get them.
When a member of the family goes into a NH, many of the relatives assume they aren't coming back so they have no need of their worldly possessions. And the faster the individual's health deteriorates, the quicker they are to divvy up, steal, or get rid of what he/she apparently has no use for. ... Vultures!
I agree with Crowe here. If you take something without permission and written consent (a will), it's stealing. I suggest you tell the individual in the NH that you'll look for what they are asking for. If you can't find it and it does exist, ask whoever "borrowed" it what they did with it and if he/she still has it to return it immediately. No offense, but that goes for you too.
When you tell the truth, you don't have to remember anything. It might hurt the individual in the NH a little, but he/she might forgive or make him/herself believe someone else put their property to good use. ... And please don't tell him/her the property in question is a figment of the imagination, that it only exists in his/her head, or that he/she is hallucinating. The elderly might be cluttery at times, but there's a method to their madness. Their possessions might not be considered valuable, but the memories attached to them are priceless. Taking them without their permission is, then, an unforgivable affront -- especially if it's done by a close family member.
Always at your service,
-- ED
If my sister has POA, does she have the authority to just give away mom's stuff? I know she did not give the piano away, but she is not wanting to save all this stuff I am going through in the garage. What about the four wardrobers full of her clothes? I am tripping over them in my room.
Anyway, this is really going to be hard to explain away to my mom.
When I questioned him about it in front of my sister, he acted like he did not remember that she had that piano - how could he miss it, it was right in the middle of the living room, a beautiful rosewood upright electric piano. And I remember him taking it apart so he could fit it into his car to move it over to my sister's house when mom had to go to the nursing home. He is into music and electric pianos and I am really afraid on this one. Anyway, mom is asking about the piano, technically it is her property until she dies, then it was supposed to go to me. We are a family of musicians, I guess it figures we would have an argument over a keyboard, but I hate for my nephew to leave with my mom mad at him and me having to explain it away to her when I visit her in the nursing home.
Do you have proof?
I assume you are the person with the POA?
Do you have a copy of her will?
From what a lawyer told me, you cannot take someone's property or remove items that are their from their house until they die and the estate is settled. I might be wrong on that but it would make sense.