You need to consult with an attorney who can review your situation and explain your options. If you can't afford an attorney and the property is under the small claims court jurisdictional limits then you can file a suit yourself. You should act ASAP.
You need to hire an attorney and sue the delinquent property owner.You need to hire an attorney and sue the delinquent property owner.You need to hire an attorney and sue the delinquent property owner.You need to hire an attorney and sue the delinquent property owner.
A Power of Attorney is automatically extinguished upon the death of the principal. The will should be submitted for probate now. No one had the right to distribute the property of the decedent until they were appointed the estate representative by the court. If the person who is in possession of the will refuses to submit it to the court then another family member can petition the court to be appointed the Administrator of the estate as if there was no will. The court will appoint an administrator and that person will have the legal authority to collect the property and distribute it to the heirs at law according to the state laws of intestacy.You should consult with an attorney who specializes in probate law.
Revoke their power of attorney and tell them and the banks. If they continue, report them for fraud.
If the father refuses, a default order can be entered against him. Mothers use the right of privacy to prevent the test see links below
Not unless the attorney in the case is the prosecuting attorney (The State). Even then, a complainant may take the case to either another venue with jurisdiction, or to an higher prosecutor. However, charges are never dropped if a defense attorney refuses to take the case.
First: A person is not an executor until they have been appointed by a court. Once appointed, the executor is under the jurisdiction of the court and can be reported and removed for a failure to carry out their duties quickly, efficiently and according to the law. You should petition the court to remove and replace the executor.
From the scenario given this does not appear to be a criminal matter but a civil law violation of property rights. You should contact an attorney and bring action against the other party who refuses your right to occupancy.
Take them to court. nicole * Depending upon how the property is titled and the laws of the state where the property is located, the owner's may be able to file a lawsuit against the non compliant owner and request the property be partitioned.
No. If she has been living at the house full time with your permission, you can't just "kick her out." If she refuses to leave, you will have to file a lawsuit to have her ejected from the property. If a lawsuit is necessary, it is highly recommended that you be represented by an attorney.
They can attempt to open an administration of the decedent's estate or otherwise try to enforce the debt against the decedent's property. They almost never do this, however.
It depends on who you mean by "us". If your mother refuses to give you property that is legally yours, contact the police. If it is jointly owned with your mother, you may need to file a lawsuit to have the property divided.
The only entity that can appoint an executor is the probate court. Your mother's will must be presented to the court for allowance if the will transferred her property to her living trust. The executor will be appointed at the same time. If your mother had transferred all her property to a living trust BEFORE her death you must have the trust document reviewed by an attorney. Your brother is not allowed to operate in secret. He should submit an inventory of all the property in the trust and an accounting of any property or funds he has distributed or spent. You can sue him in a court of equity if he refuses to be completely open about his activities as the trustee. A trustee has only the power explicitly given in the trust document. He does not own the property. He is holding it for the benefit of others. A trustee who is being secretive and unwilling to have his actions reviewed should be removed immediately and replaced with a more trustworthy trustee. A court can do that for you. You need to have your situation reviewed by an attorney who specializes in probate.