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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 35357
Experience:  16 years practicing criminal defense.
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My son and daughter-in-law purchased a home from her grandmothers

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My son and daughter-in-law purchased a home from her grandmothers estate. Her aunt is the executor. they have owned the house for over two months now, the contents were offered to all of the family, no one wanted anything, and The aunt has not removed any of the contents of the house. The Aunt is also dragging her feet on distributing money to some they're family through the wishes of a last will and testament. There is no money owed to my son and daughter in law, but it is owed to her sisters, cousins, etc. Out of frustration my son sent a text message to the aunt giving her a date by which to remove the items from their house or he would remove them himself. However, he also told her that if she didn't give the money to the family members by a certain date, he wouldn't give her as long to remove the items from the house.

The aunt is now saying that this is extortion and they are going to the prosecutors office to file charges. Is this considered extortion?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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However, he also told her that if she didn't give the money to the family members by a certain date, he wouldn't give her as long to remove the items from the house.

The aunt is now saying that this is extortion and they are going to the prosecutors office to file charges. Is this considered extortion?

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No, this is not extortion and no DA in the country would actuall file criminal charges for this. Extortion is a threat to harm someone, expose some secret, or do some other criminal act unless the actor is paid some type of money.
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If son now owns the house where the personal property is stored, then he has a legal right to terminate the "bailment" that was created when he allowed the property to remain and force aunt to remove it. So threatening to move up the date he will consider the property abandoned and dispose of it unless aunt disbursed the money wouldn't be in any way illegal.
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Thanks
Barrister
Customer: replied 3 years ago.
thank you. I appreciate your advice.
You are very welcome. You can tell son he doesn't have anything to worry about.
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Thanks
Barrister
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