[jrgm13]

I stupidly signed my share of the family farm to my youngest brother almost 20 years ago. He was a young convicted bugler and armed robber and his outlook was not good. My mother promised me that he would take care of her and she could quit working at the old folks home. 27 years later my mother is still working at 89 years of age.
In 1970 I spent 3 months pay while in the navy to buy a beautiful china set covered in gold. My mother was to keep it and after she dies, it was to be mine. And I bought a storage shed where I kept some things and I was to be allowed to use it for storage. My mother is showing signs of Alzheimer's Disease and I think it's abusive to have her work in the Alzheimer's unit at the old folks home, my brother never has taken care of her needs.
I wanted money for my shed and my china set for the past 6-8 months. My sister told the sheriff that I could get the shed and china set. The sheriff told me to go out there with a deputy because of past incidents with my brother-in-law where he was accused of attacking my mother. So I went out there with a deputy and we measured the shed and I spent about $400 to build a foundation for it. My brother-in-law is a huge farmer and he said that he had a trailer and machinery large enough to haul it, after harvest. This upset my brother, as he is use to getting everything and yesterday I got a certified letter with a "NO TRESPASS NOTICE".
Now the sheriff tells me that I should get a lawyer and I'm living on less then $1200 a month social security making that impossible.
Does anyone know how I can handle this?
Thanks
jrgm13

[ScottGem]

Who was this letter from? Was it issued by a court? In any case, your brother owns the land. He is entitled to control access to the property. On the other hand, the contents of the shed are your property and you are entitled to move them.

But you will need to get a court order allowing you to enter the property to remove the items. You can probably do this without a lawyer, maybe even in small claims court.

One caveat here is the shed may be considered a capital improvement on the property and you may be denied the right to move that.

There are some things that are unclear. Your brother owns the property, your mother lives on the property. But you refer to a sister and brother-in-law. Does your sister also live on the property? Where does the brother-in-law come into things?

[jrgm13]

Thanks Scott, I answered but my answer didn't appear so I'll give it again.
Letter was form from internet sent by land owner.
I bough the shed and concrete
I have expensive china set in the house that I bought in the navy 45 years ago.
Family accused brother-in-law of attacking my mother 2 years ago but it was a lie and the sheriff could see that

[ScottGem]

Again, by giving the shed a concrete foundation you have made a capital improvement to the land. You may have an issue taking the shed off the land as such improvements become a part of the land.

The contents of the shed and any personal property kept in the house, should be recoverable. You can try to work out with your brother a time to come and retrieve your property. But, if he sticks by his guns and says you cannot enter his property, then you will have to get a court order to do so.

Still unclear as to where your b-i-l comes into this. And where the sister you mentioned before comes into it.

[AK lawyer]

As ScottGem has suggested, The shed is probably considered a part of the real property, which doesn't belong to you any more. You can get the contents, but this will require a court order.

For recent improvements you have made to the shed, you should consider filing a mechanic's lien, if you meet the rules for filing one in your jurisdiction.

[jrgm13]

It was a verbal agreement that I could keep and use the shed if I signed the land over to my brother. In return, he was suppose to care for my mother so she could quit working... she's 89 and still working. My sister sent pictures of my property to the sheriff and told him that I could come and take it. My brother, the 8th grade drop out convicted bugler and armed robber is so cheap that he contacted the sheriff and said that I'm not allowed on "his property".
My brother-in-law was attacked by my youngest brother (the land is in his name) and my other brother filed charges against my brother-in-law for attacking my mother and it never happened. The sheriff could see this and my brother-in-law (who's wealthy, owns 7 farms) had the money to get things straightenned out and he was not charged.
The sheriff lives 3 blocks down from me in a town of less then 500 people and has known me for over 25 years. He told me to not go over to the farm without a deputy because I have no money for a lawyer. He's my friend.
Now they admitted to me owning this to the sheriff and I spent a lot of money and time building a green treated wood foundation for the measurements of the shed that a deputy and me took. I hope this answer comes up
Thanks

[AK lawyer]

It was a verbal agreement that I could keep and use the shed ...

That's the problem. Most jurisdictions have a "statute of frauds"; most if not all of which, among other things, provide that agreements regarding real estate have to be in writing.

You should have reserved use of the shed in the deed. Since you didn't, you are out-of-luck. Except for the possibility of a mechanic's lien, as I said.

All of the other details are mainly irrelevant.

[jrgm13]

That's the problem. Most jurisdictions have a "statute of frauds"; most if not all of which, among other things, provide that agreements regarding real estate have to be in writing.

You should have reserved use of the shed in the deed. Since you didn't, you are out-of-luck. Except for the possibility of a mechanic's lien, as I said.

All of the other details are mainly irrelevant.

My china set was bought before nixon took us off the gold standard and that china set is covered with gold and my millionaire sister (married the farmer) wants it. That's the valuable item here... screw the shed... it's me buying $400 of lumber and working days to get it level is what ticks me off. There's a lot more here then I'll get into but you're not much of a lawer anyway

[ScottGem]

My china set was bought before nixon took us off the gold standard and that china set is covered with gold and my millionaire sister (married the farmer) wants it. That's the valuable item here... screw the shed... it's me buying $400 of lumber and working days to get it level is what ticks me off. There's a lot more here then I'll get into but you're not much of a lawer anyway

Again, the personal property is not the issue. As long as you can prove its yours you have a right to retrieve it. It's the shed that is the problem. The shed is an improvement of the property and therefore belongs to the property and the owner of the property. Unless you can provide some proof that the shed is yours and that you can remove it when you want, then he can prevent you from removing the shed itself. But he can't control the contents.

Again, if you can work out an agreement with your brother to retrieve your belongings and the shed I would do so. Otherwise you will need to go court to obtain an order to allow you to remove the items. The court is unlikely to allow you to remove the shed however, unless you can prove that was the original agreement.

If you can prove the $400 spent on the shed, then you may be able to file a mechanic's lien against it.

As for your comment about not being much of a lawyer, that was uncalled for and inaccurate. I fully agree with what AK has said here. You got yourself into this mess but signing over the property without written agreements. We sympathize with your predicament but a court isn't going to be sympathetic, its going to follow the law.

And you are still being unclear. You refer to your sister who married the farmer, is that the brother in law you spoke of? Are you saying your sister is conspiring with your brother (who owns the property) to deprive you of your personal possessions?

[cdad]

Who actually owns the property? If your mother owns it still then she is the one that would have to create the court order.

[AK lawyer]

Who actually owns the property? If your mother owns it still then she is the one that would have to create the court order.

From OP's posts it appears that the mother has four children:
OP;
OP's two brothers: and
OP's sister, who is married to the brother-in law.

One of OP's brothers owns the real property.

If OP is to be enjoined from going onto the real property to get his personal property located in the shed, the brother who owns that real property would have to file the suit.

It doesn't appear that the brother-in-law/ farmer (married to the millionaire sister) has any standing.

[jrgm13]

look: I should never have singed my share of the land over to my brother. I did so not to gain anything but on the promise that my brother would take care of my mother.the baby brother is a convicted thief and wants every dime that he can get his hands on. My sister called the sheriff and said that I could get my shed and property. I spent the $400 for a foundation at the home that we have now. The steal this china set that cost a young sailor 3 months pay for its value just proves that they're vile sick people. There was 160 acres of farmland (went for over $14,000 an acre around here) that my mother put up for collateral when my brother got into all this trouble for lawyers and a new sports car for him back in 1984 with interest rates at 24%. He should have gone to prison. So I'm just going to forget these blood suckers. Thanks.

[ScottGem]

If your brother owns the land, your sister has no right to give you permission.

I wouldn't give up, but its up to you.

[Fr_Chuck]

Legally, there are a lot of issues, normally a "shed" will be considered part of the property, and without a written agreement, you will have very little to go on.

Even now, proving you paid for the set with covered with gold, are there reciepts but the fact they have been there for all these years.

I guess what is not clear, is, what is your mom's status, does she live at the house with your brother ? Where is mom living?
Whose name is the land in, you signed over exactly what, a deed, an agreement, what ?

[jrgm13]

Legally, there are a lot of issues, normally a "shed" will be considered part of the property, and without a written agreement, you will have very little to go on.

Even now, proving you paid for the set with covered with gold, are there reciepts but the fact they have been there for all these years.

I guess what is not clear, is, what is your mom's status, does she live at the house with your brother ? Where is mom living?
Whose name is the land in, you signed over exactly what, a deed, an agreement, what ?

I'm back. My father and mother lost all of the farm land on loans taken out to keep my 8th grade drop out brother out of prison and buying him a new sports car. The remaining 12 acres with the house and buildings was left in a will to be shared equally between me and my siblings. My old man got althimerz and I didn't even know anything about a "inharritance" my mother came over to each brother and sister and wanted us to sign off our shares to the baby brother. I signed a piece of paper that wasn't noterized (this was about 20+ years ago. My old man died and my mother and sister live there and baby brother has a house in town and cattle at the farm. My mother is still working. Shouldn't my signature have been notorized? I've got ptsd and the va had me on a massive doseage of seroquel (an anti-psycotic drug) that made me dumb as a rock. I've been off it now for years. I still would like to have my shed and property. My family told the sheriff that it was mine and to get it but when my baby brother found out he threw a fit.he's always thought that everything is his. The sheriff keeps records of everything, so my family told him that these things were mine, my sister took pictures of everything but like I said when my brother found this out he sent me this "no tresspass letter" was it even legal when I signed this paper without it being notorized? Seems that when I bought my old house I needed a notorized signature and I got a "deed" to two lots and the house.

[ScottGem]

No, A notary is nothing more than professional witness. A notarized document simply means the notary has verified the identity of the signer. Lack of notarization does not void a document. Unless you are denying that you signed the document, it is valid.

If, however, you want to argue that you were not capable of understanding what you were signing at the time, you may be able to make that fly. You will need an attorney to help you pursue such a claim.

What your family told the sheriff is immaterial. The only fact that matters is that your brother owns the property. Since he is the owner he has the right to control who has access to it. We have explained, in great detail, the legal issues involved with recovering personal property and why you can't recover the shed. I'm not going to go over it again.

[talaniman]

You need lawyer to protect whatever interests you think you have especially since you continue to spin your wheels not knowing what to do for whatever reason. If you are going to fight this, you better arm yourself. Get a lawyer to advise you one way or another.

[J_9]

Simple fix is to have your famiy bring you your possessions. In this way you aren't trespassing on your brother's property.

[AK lawyer]

I'm back. ... my mother came over to each brother and sister and wanted us to sign off our shares to the baby brother. I signed a piece of paper that wasn't noterized (this was about 20+ years ago. ... Shouldn't my signature have been notorized? ...

As has been written by others, the fact that the deed wasn't notarized wouldn't be grounds for having it set aside. While it probably should have been notarized, you had 20 years to contest the deed. And you probably couldn't have contested the deed for not being notarized anyway. I expect the pertinent statute of limitations has long-since expired.

... He was as a young convicted bugler ...

I just noticed this sentence from OP's first post. Reminds me of when I was at camp and the other boy scouts were upset at me for blowing my bugle too early in the morning. And, I guess, I played the bugle badly, as well.

But I didn't know that I could have been convicted for it. :)