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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 115436
Experience:  Attorney practicing all aspects of copyright/trademark law
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I own all of my late husband's copyrights and the ones we

Customer Question

I own all of my late husband's copyrights and the ones we shared on our join projects. His estranged daughter was left out of the will (because of their bad relationship and her questionable lifestyle, would be my guess). So, she has sued me for the estate for past 3 years massively doubling my grief, destroying my health, and crippling all else.
One of her lost cases, a false accusation that I was not the wife, ended in June 1 2015 via a Summary Judgement in my favor, I am of course the wife.
However, based on that cunning stunt in 2013, her lawyer succeeded in pushing a "temporary personal rep' into the estate to stall me as the only executor and heir, named in the will.
After that, this bogus person began emptying all my accounts on the guise of needing her 'salary' but has never produced a single invoice. She also lied to the IRS, which I am pursuing. And she then went after my royalties at a large publishing house in MI. Thought they knew me and were favorable to me, eventually they were bullied into yielding to a court order that the bogus lawyer obtained in MA. Instead of putting my royalties on hold in escrow, they gave them all to her and she personally spent them on herself!!!!!
Recently, the copyright transfer papers have finally come back to me from a two year delay and I now OWN all the COPYRIGHTS. I had a MI lawyer at Legal Shield contact the MI publisher with a copy of the Summary Judgement mentioned above. And a demand to return to me the royalties and forbid any more release of current or future royalties to this MA bogus rep.
The bogus MA rep, then threatened the MI Pubisher, with a law suit and re asserted the court order, ignoring my new status as full owner of the copyright and the MA Summary Jugement as the 'confirmed wife' status now.
In November $8,000 more dollars of my royalty money is scheduled to be released to this bogus rep again.
How do I get a restraining order to stop this?
Do I do it in MA or MI?
They have frozen ALL of my accounts and driven me into abject poverty and I just survived a horrible cancer surgery. Nothing in my accounts to fight with and they are stealing more.
What can I do?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to send the bogus MA person a letter stating that this conduct is not only in contempt of the court order, but it is also fraud and a violation of MA Gen. Law Section 93A, unfair and deceptive business practices and you are going to pursue them for treble damages plus attorney's fees on this matter. You have got to get an attorney in MA to file a contempt of court action and injunction motion against this person in MA to get this stopped and to get the money returned to you where it belongs. AS this is a contempt of court and unfair and deceptive practices issue, you can recover your attorney's fees in court from this person, so your legal fees in recovery should not be a concern.

You have a case, but you need to get him into court and you can get an immediate injunction filed to get that money from him. You need to do it in MA and the MA laws are actually more favorable to you anyhow.

Customer: replied 1 year ago.
Thank you. Not sure I understand how to use this advice.
The bogus rep is court appointed, but has exceeded the original initiative of being a 'temporary personal rep'. She is not neutral as supposed to be, but has only worked with the step daughter. She favors all their dirty attacks and perpetuates them. She falsely accused me of forging the will and checks and perpetuates that, even though I have now cleared that hurdle too with a defeating official handwriting analysis court person in my favor stating no forgeries. I am sure she is busy doing that against me everywhere.
What specific contempt of court action and injunction am I looking for to file? Her court order was to restrain Baker Revell Publishing Group from allowing me to have my husband's royalties and to give them to her as the supposed executor!!!!!
I have no money.
They have broken me.
How do I get that kind of a lawyer and where? I Live over 3000 miles away and can not travel there after my caner battle.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You need to hire an attorney in MA to represent you, that is the only way to deal with this matter based on your condition you mentioned above. You can find an attorney in MA at the same sites we attorney's use, http://www.hg.org or http://www.lexmundi.com

You need to get this into the court in MA because MA is the one that gave you the order. There no "specific contempt of court action and injunction" it is a general contempt for not following the court order granting you the rights and the injunction is to stop her from continuing to take money from you. The attorney will get this fied and pursue recovery of the money, you are not going to have to travel anywhere if you hire your MA attorney to represent you on this case.

Customer: replied 1 year ago.
I am not sure what court order.
Her original court order forbid me or publisher to exchange royalties.
My summary judgement is attached that I must be treated as the wife.
The copyrights are mine but there is no court order with the statement that they are mine.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Your SUMMARY JUDGMENT, that is the one where you won the case. The summary judgment is the order that says you are the spouse and as surviving spouse that means you own the copyrights.

Customer: replied 1 year ago.
how do I file a contempt on that? It doesn't exactly say the royalties must now be given me. So how do I get at that aspect? Through this MA Gen. Law Section 93A
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It does not have to say specifically royalties go to you. You have a will making you sole heir, so the court order telling them you are the spouse, combined with the will, would mean they are now in contempt of the court summary judgment order as they are not treating you like the spouse and turning over the assets to you as required.

Customer: replied 1 year ago.
They are fighting the will. They are trying to say David was mentally compromised when he signed it and he wasn't at all. It is all being made up into big hoopla. They were long gone. He was bright and laughing the day he signed it and one of the two witnesses and the notary have even signed affidavits to that fact and that he was the willing signer in control. He wasn't on any mind bending drugs, but they have pushed that it has to go to a trial.They say page 6 is a stand alone will and not strong enough to kick the daughter out who would claim 1/2.
It wasn't a will by itself. It was the memorandum page mentioned on page 1 or 2. He signed the whole 6 pages at the same time in the same place with all the signers.We took them to banks and other places where he wanted to set me up as the power of attorney when he had a hip surgery. I think one of the people in the banks accidentally switched out the page 5 with a zerox because after he died I only have 5 original pages and one xerox. Page six is all original raw ink signatures, and the initials on all pages. But page 5 is xerox of signatures that match. All the affidavits have said they signed and recognize both signature pages.They falsely accused me of forging the will and the handwriting experts and witnesses verified that i didn't. But still the enemy side is pushing this to a trial.Given that, can we still do the above advice you gave? About putting together a motion that shows they are in contempt?They never contested the ad attached that went to the Boston Globe and Washington Post/or Times.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, you can still pursue them for contempt if the person in MA is taking all of your assets and not putting them in a separate trust account to be distributed upon completion of the will contest. The person in MA cannot just keep your assets, they can collect them and place them in a trust account to be held until the will contest is over and decided.

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