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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 33801
Experience:  15 years practicing criminal defense.
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I just found out that my mother sold property and kept all

Customer Question

I just found out that my mother sold property and kept all the money. I was living in Las Vegas and had to cell a house and 89 acres in a divorce. My mother lived there rent and bill free. She was supposed to cell of the live stock, tractors and all the machinery, four wheeler's ect,,,, When my ex-husband spoke to her about the money from the sell of the above items. She told him that she sent it to me. I was not on speaking terms with my ex-husband fo several years. When I spoke with him about a month ago. i asked him what ever happened to my horses and farm equipment. When he said that I got it all I was in shock. What can I do.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me how long it has been since this happened?

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Was she able to sell the house and land or just the personal property?

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Did she have a power of attorney to do so?

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thanks

Barrister

Customer: replied 1 year ago.
This happened in 2000. She did not sell the house or property. We had a realtor. She sold all the personal property. She did not have a power of attorney. My ex-husband and I never lived on that property. We lived between California and Las Vegas. I was going to come out to sell the personal property when the property was sold. When that time came she said she would take care of selling the personal property. I told her thank you and kept on with my life. I was a single mother of a 3 year old son and working. I trusted her. She was my mom. I didn't know what to do or say when I found out this year. When I told her that I was going to see a lawyer because she forged all the titles on the motorized equipment. She was going to call when these things sold so I could sign off on the titles. I do know that they moved a lot of the personal property to her husband's aunts farm. I never got a call and assumed they were having a hard time selling the property. I told her that this was theft by deception. She did call me a few weeks later and admitted she sold the property and kept the money. She said she was going to pay me back, but could not afford it all at once. We agreed and she was going to make payments. She no longer returns calls and messages
Expert:  Barrister replied 1 year ago.

Ok, unfortunately, the civil statute of limitations in IL for fraud is ten years which has now passed. I am sorry, but you would have had to have taken action prior to 2010 in order to hold her liable for any money that she received from selling things and kept.

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Further, since this is a fraud or theft by unlawful taking case, the criminal SOL to pursue this is only 3 years after discovery, so it is likely that they time to pursue any criminal action has passed as well.

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I hate to say it, but in a situation like this, if the victim doesn't protect their rights and aggressively pursue any violation, then can eventually lose the right to take action through the passage of time..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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