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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 37971
Experience:  Retired (mostly)
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My brother just passed away last Sunday I am s payee however

Customer Question

My brother just passed away last Sunday I am his payee however he had no poa my sister is trying to take his property what can I do thank you
Submitted: 1 year ago.
Category: Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

How is your sister trying to take the property?

Customer: replied 1 year ago.
She is going to his home to remove all his appliances
Customer: replied 1 year ago.
electronics
Expert:  socrateaser replied 1 year ago.

Does your brother have a Will?

Did your brother own his home?

Customer: replied 1 year ago.
No will and yes he owned his own trailer he was diabled
Expert:  socrateaser replied 1 year ago.

Can you go to the trailer and take photos of the appliances and other property, and get serial numbers for the items?

Customer: replied 1 year ago.
I have no key she intends to do this next Saturday what are my options
Expert:  socrateaser replied 1 year ago.

I still don't have enough info.

Did your brother rent the trailer space?

Customer: replied 1 year ago.
he did in which I paid the land owner from his bank account
Expert:  socrateaser replied 1 year ago.

Okay, here's the deal:

1. In order to prevent your sister from entering the trailer, you will have to file a petition for probate (DE-111*) with the Superior Court in your county, and ask the court for a restraining order to prevent anyone from accessing the trailer until the court can make further orders concerning the property.

2. If the court won't issue the restraining order immediately, and even if it does, you will need to be there at the property on next Saturday, so that you can enter the property and take photos and inventory everything. If your sister gives you any trouble, you can call the police/sheriff. If you can get a certificate of death from the county, you can show that to the officer, and tell him/her that your sister is preparing to steal property over which she has no authority, and that you have filed a petition for probate, and that letters of administration have not been issued.

3. Or, if you get the restraining order, then you would have that served on your sister, and you can show a copy to the officer, and if your sister tries to enter the trailer, she will be arrested for trespassing.

4. The court should have a self-help desk where someone can help you fill out the probate forms and take them to the judge.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 1 year ago.
I really feel you did not assist me and i did not talk to you on the phone in which you charged me 51.00
Customer: replied 1 year ago.
That being said if i do not receive a call i will stop that payment
Customer: replied 1 year ago.
My number is(###) ###-####thank you
Expert:  socrateaser replied 1 year ago.

Dear ***** (this is the name that is presented on my computer display):

1. Justanswer, LLC charges you. I "justanswer" the questions. I have no control, whatsoever, over your account transactions.

2. I haven't been paid a penny -- because, unless you rate my services, I receive nothing (and you haven't rated my services). If the website is actually charging you $51.00 and paying me nothing, I would genuinely like to know that information!

3. As an attorney, I cannot initiate a phone call to you through this website. Moreover, the only way that I can provide my contact info (phone, email, or otherwise), is to send you an additional services offer (which I have not done). So, if you were presented with an offer of a phone call by the website, I'm sorry for the disconnect, but I had no knowledge of that fact.

4. I will send you an additional services offer, now, which you may accept or decline at your convenience.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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