I live in another state than my brother and sister and after my mom died I came back home to be with my family and go back to work and left the probate and other details with my siblings (I trusted them) and instead of complying with the will, sell all assets and divide equally my brother bought my sister out and told me to go to hell so I received nothing from my parents will or personal property. They went against everything the will stated. How do I find information on how to sue them for what is mine. and how can they do whatever they want when I was on the will as an heir? They owe me about $30,000 and for the past 5 years my brother has been living in the house they were suppose to sell can I sue him for back rent? they also gained complete control over all the vehicles, rv's, property and left me with nothing. Help! I have always taken care of my kids on my own and those two have ALWAYS mooched off mom and dad and never paid them a single cent for living in their house.
2007-11-26 01:06:33 · 18 answers · asked by rae-rae4 1 in Politics & Government ➔ Law & Ethics
You need to see a local attorney who can investigate the facts, marshall the evidence and take appropriate legal action. Act promptly as statutes of limitation may cut off your rights a short period after closing the estate.
2007-11-26 01:11:49 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Anyone can sue anyone else for pretty much any reason. The real question is whether you would prevail.
If there was a legal will, it should have named an executor whose duty it was to execute the instructions in the will. That would be the person who is at fault.
Unfortunately, a lot of people have no will, or have an informal one that is not legally enforceable. You should speak with a family lawyer, first, to see what your options are. Legal processes are long and expensive and you have to ask yourselves if your mother would rather have a good portion of her estate given to your brother and sister or given to lawyers to cover the legal bills. Still, if your siblings are not willing to talk with you, a subpoena would at least bring them to the table. Mediation might also be an option.
Good Luck.
2007-11-26 01:59:46 · answer #2 · answered by DeeDee Cortez 2 · 0⤊ 0⤋
Im not an expert but most if it looks like common sense mate. If possible try and contact the lawyer/or firm that your parents used to make thier will. They should still have a copy of it somewhere. You should then write a formal letter ( or something along those lines) to siblings requesting your share of the inheritance and keep a copy of it. if this ignored or declined then you have a case that you can take to the courts.
The only thing is, seeing as you said it was 5 years ago this happened there maybe a time clause in the law which may work in your siblings favour.
2007-11-26 01:19:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, based on the facts you state, you should contact an attorney in the state where your Mom's will was probated. The biggest question anyone will have: Why did you wait so long?
There's an old adage in the law: you sleep on your rights and you lose them. That's what the statute of limitation is all about.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-26 01:13:18 · answer #4 · answered by scottclear 6 · 1⤊ 0⤋
You will need a lawyer for this. You cannot challenge a will without legal advice. You will need a lawyer in the state your parents died in and you will have a difficult time getting information from your siblings, especially if they have done something less than legal. You will need a written will to show that you were listed and you will have to prove that the will was not changed.
2007-11-26 01:20:49 · answer #5 · answered by fangtaiyang 7 · 0⤊ 0⤋
Yes, I would sue your selfish siblings, and I would start the proceedings asap. What they have done to you is shameless. I am not sure what State you or your siblings reside in, but I would contact the Lawyers Association in both States. Do not wait any longer, as the statutes vary from state to state. God Bless, and the best of luck to you.
2007-11-26 01:13:23 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Your mother's will should be a public record and for the rest, you would have to see a lawyer. If you were closer, you might be able to do the foot work yourself but in another state, it would be difficult.
2007-11-26 01:10:38 · answer #7 · answered by dasupr 4 · 2⤊ 0⤋
Yes, contact a lawyer immediately
2007-11-26 01:09:32 · answer #8 · answered by mel s 6 · 2⤊ 0⤋
Get a probate lawyer.
2007-11-26 01:10:18 · answer #9 · answered by booman17 7 · 2⤊ 0⤋
get a lawyer fast while still in probate. you have a right to what your mom wanted you to have. when you find out please e-mail me. i will be having the same problem when my mom passes, hopefully not in the near future
2007-11-26 01:13:22 · answer #10 · answered by Anonymous · 1⤊ 0⤋