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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32359
Experience:  Estate Law Expert
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My mom died 1 year ago & named my 3 siblings & myself in her

Customer Question

My mom died 1 year ago & named my 3 siblings & myself in her trust. We were to split the everything 4 ways. However, my 3 siblings are taking everything & pushing me out. They are not following the law. My #2 sister cleared my mom's 3 bank accounts out 2 years before she died. My brother (sibling #4, the baby) & his wife have taken over the property. They have 4 renters swatting on the property.Sibling #2 & sibling #4 have named themselves as the owners. They all have money & don't need it. I'm sibling # ***** a veteran, low income, on disability, I'll health & cannot afford an attorney. My doctors gave me 5 to 10 yrs. to live. I have lived 14 yrs. I have never done anything to any of my siblings. I desperately need my 1/4 of my inheritance. It's a known fact that my siblings want me dead. They have amended my mom's trust and continue to haunt me, disgrace my name , character & are trying to break me by telling everyone I have mental issues and am crazy. None of this is what my mom wanted. My brother locked me out of my mom's house & banned me from seeing her in the hospital. Then they had a gathering at my mom's house & left me out. Told my relatives stories about me. I could not go there because my sister-in-law would tell everyone that I was stealing. Then they had the the Celebration of life at the local grade school. But I could not go there either because my brother would have me arrested. He runs with the local cops & thinks he owns the town. I never saw my mom the last 6 days of her life while in the hospital. I have never been allowed on the property because my sister-in-law. We have never gone through my mom's things even after 1 year since her death. They won't even give me my high school graduation picture or my military Veterans pictures. My sister-in-law & her son have been through all of my mom's house, diaries, safe, money & things. My sister #2 wears her jewelry & claimed her bank accounts. Then they put their names on her prooerty. My mom was mistreated, abused, not taken care of properly, not fed at times or force fed. If she fell they would not help her get up. They would laugh at her, like they do at me. They would threaten her. The last time I saw my mom at home, they had left her in bed, age 90, uncover for an entire week. I told my siblings that I was taking my mom home with me. They laughed at me, ignored me & told everybody I was crazy. They would not let my mom go to sleep. They continue to taunt me. My sister-in-law is extremely jealous of me, has always been & somehow convinced my siblings to turn against me. I just want my mother to have some kind of peace & justice out of this mess. My siblings #2, #3, & sister-in-law have broken every law & rule according to my mom's trust. There is so much more, but maybe you'll understand that I need some help. I'm considering asking for Money for Attorney Fees on the internet. If I get my inheritance I can hopefully repay everyone back. I have an old car & live on social security. My mom's neighbors would like to help me, but don't know how. Non of us have any money, my siblings do. But my siblings are trying to destroy me. If I get my inheritance, they will try to control me through my disability, by controlling my money, trust, etc. They have tried to get my car, control my bank accounts, etc.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 5 months ago.
What do I need to do to fight these people in order to get my inheritance? What kind of attorney? They are spending my inheritance & not following the law. Do I go to the district attorney? I can't get any kind of accounting of their spending. How do I get my quarter of my mom's life insurance? Do I get a sheriff to be able & safe to enter on my mom's property? I am on the trust. Can they keep me off the property if they are the representative? They have 4 strangers living on her property. The trust does not state that they can live there. Can I evict the renters? The trust says that if I despute any of it, they can write me off. They are not following the law! I just need advice as to what to do? They are buying g cars, taking numerous trips, totalling remodeling my mom's home, which doesn't need it, so that they can move in. My mom had a hardship permit, which they dud not follow. They are breaking the law, isn't there anything I can do or file. Can I put a lien on the property for my 1/4 of my inheritance? They are collecting rent on the property, the trust has two years before it closes out. But they have gone through & taken out what they want. They moved 4 people into the house (strangers) & moved my mom's things around & have been in everything. Help me, please!!
Expert:  Dwayne B. replied 5 months ago.

You want a lawyer that does probate litigation. You should be able to find one at www.lawyers.com.

The DA isn't likely to do anything, they are going to tell you "it's a civil matter" since it is in the probate court.

You can ask the judge to order the accounting and then if you have a lawyer and have entered an appearance in the case the judge will make sure you get your proper share of the inheritance and the lawyer will look over it. In addition, the lawyer can apply for you to be reimbursed for his attorney's fees from the estate.

They can keep you off the property unless you have an order of the court allowing you on it.

You can't evict the renters or take any other action if you are not the executor. Only the executor or the judge can do that. However, your lawyer can make sure that everything is on the up and up.

There is no need to put a lien on the property if you are supposed to inherit it. You automatically will own a share of it under the probate.

At this point you need to get a lawyer, either hire one yourself through the website I gave you above or, if you absolutely can't afford that, then go to Legal Aid and ask for their help.

Your problem right now is that they doing everything through the court and you aren't a part of the lawsuit until you file an answer and you really, really need a lawyer to help you with it.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Expert:  Dwayne B. replied 5 months ago.

I am about to sign off for the night. My computer is acting up again and I have to run some updates and correct some problems.

If you have additional questions feel free to ask them and I will continue with them in the morning.

If I've answered the questions I'd ask you to issue a Positive Rating so that I receive credit. Even after you issue the Positive Rating you can ask follow up questions since the thread will lock open and can be accessed at any time in the future.

Many customers don't understand that I only receive credit when the customer issues a Positive Rating which is why I mention it.

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