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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 29210
Experience:  Estate Law Expert
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is my mother considered next of kin to my dads brother whom

Customer Question

is my mother considered next of kin to my dads brother whom are both deceased
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 years ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Considered next of kin for what purpose?

JD 1992 :

It looks like the Chat function is acting up so I will switch this to a stand Q And A.

JD 1992 :

standard Q and A

Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 29210
Experience: Estate Law Expert
Dwayne B. and 8 other Estate Law Specialists are ready to help you
Customer: replied 2 years ago.

this is frustrating. my father and his two brothers are deceased and my mother is not blood. I had all my uncles possessions before my father died and feel I deserve them back. where do I stand?

Expert:  Dwayne B. replied 2 years ago.
Did your father or uncle leave a will? If so, was it probated?

Did your uncle have a wife or children? Are either of his parents alive?
Customer: replied 2 years ago.

my father left a will. He had already given me my uncles things well before he passed. my uncle left no will and his estranged wife is also deceased. no other parents alive

Expert:  Dwayne B. replied 2 years ago.
If the items were a gift to you before your father passed away then you own them without anything to do with probate.

You would have to file a lawsuit to get them back although you could try and file criminal charges.

If you file the lawsuit what you would ask the judge to do is issue a "turnover order" requiring her to return the items to you by a "date certain". You will also want to list the items specifically in the lawsuit or in an attachment to the lawsuit.
Customer: replied 2 years ago.

she also had my husband and my 2 children forcefully removed after my father passed accusing my husband and myself of elder abuse against my mother. whom I solely have cared for since 2006. we lived in their home as our legal address for over nine months caring for them. after the sheriffs removed us we locked our room and told no one would enter without our ok. after going to court for a restraining order we were criminally charged. the sheriffs entered our room without serving us with a warrant and ransacked everything supposedly looking for a pistol of my fathers which I believe the sheriffs have had since one of the three spouse abuse arrest made on my father by my mother. all were unfounded and dropped. nothing was ever returned. going back to my issues they also went through our storage units and my sister using her husbands credit card took all my jewelry I had in a pawn shop. I think it was unlawful since the case was dropped. I have gotten some back but she is threating to sell what she has because I cannot provide proof the items are mine. who has proof or receipts of all their stuff. many given as gifts and bought through over 40 years. can I criminally charge her with extortion. around 2007 my mom was diagnosed with alcohol induced dementia by more than two doctors. After my father died his attorney in his office had here evaluated and found competent and gave my sister control of the estate as well as her husband with whom my mother has had no relationship due to his interference as a sheriff in her many attempts to arrest my father which is no surprise she has done the same exact thing to me. My father and I had a very close bond and she would use that when I was small to get what she wanted. my parents were always there to help my family financially and we paid back a sum of 10,000.00 to them. My sister always had a problem with that and it was never her business anyway though she did. I want what is mine and feel they abused her husbands connections as a sheriff and I want justice. Please advise,

Expert:  Dwayne B. replied 2 years ago.
There is nothing in your facts that appears to rise to the level of extortion.

Realistically the only way to get your stuff back is to sue her. The judge will then make a decision as to who they believe. Lots of times in cases like this there are no receipts and no way to prove ownership other than a person's testimony. The judges are used to sorting this out.
Customer: replied 2 years ago.

the dective on the case told her and myself she is threatning extortion

Expert:  Dwayne B. replied 2 years ago.
The detective is incorrect.

Below are the CA laws on extortion:

518. Extortion is the obtaining of property from another, with his
consent, or the obtaining of an official act of a public officer,
induced by a wrongful use of force or fear, or under color of
official right.

519. Fear, such as will constitute extortion, may be induced by a
threat, either:
1. To do an unlawful injury to the person or property of the
individual threatened or of a third person; or,
2. To accuse the individual threatened, or any relative of his, or
member of his family, of any crime; or,
3. To expose, or to impute to him or them any deformity, disgrace
or crime; or,
4. To expose any secret affecting him or them.

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