You are a lawyer. One day an elderly lady comes to you with a problem. she is a widow, and her husband made her executor of his estate. He also gave her everything he owned. 50 years ago, the man bought land under an assumed name, a combination of his first name and his mother's maiden name. A warehouse was built on this land, and his business was based there. Being self employed, the man did everything himself. As a result, the widow knew nothing of what to do. A business competitor wants to buy the land, but refused to hand over the money once he found out the business of the assumed name. The business is in another part of the country, and there is no watchman, apart from the business partner mentioned above. on several visits, the widow noticed that things are slowly disappearing, but she has no proof of theft. The old lady has all but given up the estate as a loss...
2006-07-24 08:25:18 · 7 answers · asked by Balaboo 5 in Politics & Government ➔ Law & Ethics
You need a conveyancing solicitor to search the title deeds or epitome of title if land not registered. This will establish ownership. The potential buyer prob already done this and discovered the discrepancy but this would not preclude a sale but makes it more difficult. It means that title would not be Absolute ie not provable but you can add relevant information to explain situation to any potential buyers. Try to find out why he bought land in another name and how he paid for it. There will likely be a paper trail back to him and that would be acceptable as establishing good title. As for the theft, get solicitor to do an inventory and check insurances are up to date. Also call police to investigate or insurance may not pay out. Shut business and secure premises until you know what you are doing. The accountant can help with any financial requirements ie staff salaries owing and tax installments.
2006-07-24 18:42:09 · answer #1 · answered by Valli 3 · 1⤊ 0⤋
Unless the dude did all of his business under the assumed name, there will be all kinds of records that prove he owned it - tax records, business licenses, payroll pay-outs, utility bills, and on and on. And maybe the property was mentioned in the will.
In any case, the lawyer has to get a court to transfer the property to the widow or the estate, by certifying that the proof of ownership proffered is genuine, and that the dude was "doing business as" the name on the property.
2006-07-24 08:34:41 · answer #2 · answered by sonyack 6 · 0⤊ 0⤋
One report the thefts to the police. This will give a record of events. Take legal advice and get an order to stop anyone entering the land or buildings. If you can find an good honest solicitor he should be able to do something.
2006-07-24 09:46:36 · answer #3 · answered by deadly 4 · 0⤊ 0⤋
This I think would require specialist legal help.
In the meantime if things are suspected going missing, maybe hire a security company to oversee the property and/or install a recordable CCTV System.
2006-07-24 08:43:09 · answer #4 · answered by Lucan 2 · 0⤊ 0⤋
Go 2 a solicitor , if u from the states go 2 a lawyer ! Same **** , diferent names ...
2006-07-24 08:35:12 · answer #5 · answered by ? 3 · 0⤊ 0⤋
I think you need to speak to a solicitor, this isn't really a question for Yahoo answers, and even if you got any answers, I think it would be a tad silly to attach much weight to them.
Sorry I can't help
2006-07-24 08:30:01 · answer #6 · answered by The Lone Gunman 6 · 0⤊ 0⤋
hire a lawyer take him to court
2006-07-24 08:30:06 · answer #7 · answered by idontkno 7 · 0⤊ 0⤋