The executor should not have allowed the property out of her/his possession. It is their duty to safeguard the property on behalf of the heirs. The executor will need to sue the person who has taken the property.
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.
Yes, it is illegal for someone to keep your passport without your permission. Your passport is considered your property, and no one has the right to withhold it from you. If someone is holding onto your passport against your will, you should contact the relevant authorities for assistance.
Go to your mother's house. If he bars your way, contact the police while there. He must then show them his right to be the sole person there - that is, a title in his name only, or a will appointing him the estate's executor. If you feel there might be physical violence on his part - or if there already has been - feel free to call the police in advance, non-emergency number, and have them meet you out there. You also need to be consulting with an attorney, for it is doubtful that this is going to be handled appropriately by him.
If the trespassser refuses to leave (usually in a situtation where they believe that they own the land, but do not), you can sue to have them ejected. Trespass is one of the few torts which is considered to be "actionable per se", meaning that the law deems you to have suffered an injury the instant the invasion of your property occurs, whether or not the property is actually damaged. This is based on the common-law principle that one's land is absolutely inviolable. Accordingly, if a person enters your property without your permission, and causes absolutely no physical damage, you can still sue them, because you suffered a legal wrong the instant they trespassed. However, you are likely to recover only "nominal" damages, meaning the court will recognize that your legal rights have been violated, but since you suffered no physical or economic harm, order the defendant to pay you a very small sum (awards of $1 are not uncommon in these cases). Of course, if the trespasser actually causes physical damage to your property, you can sue to recover for those damages.
The crime of 'grand larceny' in Ohio is actually referred to as 'grand theft'. Grand theft is when someone takes (steals) property, or refuses to pay for services, that values at least $7,500 but values less than $150,000.
No. Tenants have permission from the landlord to use the property. You can't claim adverse possession if you had permission to use the property. If a tenant refuses to leave they can be evicted. Squatters are trespassers in the United States.
Yes, it can be considered theft if someone refuses to return your property, as they are unlawfully keeping something that belongs to you.
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.
Seek professional help. See Probate help link below
They can file a petition in the probate court requesting a copy of the will.
I depends on your local and state laws and statutes. From my experience, a person is not trespassing until they have been informed by signage or in person they are not allowed to be in the property or area. If the person refuses to leave or returns after they have been informed they are trespassing.Added: Also, if they enter upon the property with the INTENT to commit a criminal act, they become a 'trespasser' the moment they set foot on the property.
Husband refuses to sign dowry on property being purchased
A person who takes in a minor with the parents' permission may face criminal charges. It is best to call the parents or the police if the minor refuses to leave.
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.
The executor should petition the court for the right to sell the property.
According to our laws in Tanzania a police under Criminal Procedure Act can enter someone's property for emergency search
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.