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If you are a tenant in the property - paying rent - then you can file a small claims case for unlawful eviction and seek damages for the cost of another place to stay as well as the recovery of your things.
If you're not a tenant, you can sue the sister for conversion of your property, which is when someone unlawfully and without your permission holds your property and refuses to return it. It is essentially civil theft. This can also be brought in small claims court without an attorney.
1. Your claim will be against the person's estate.
2. The conversion claim should proceed against the estate.
3. They are similar. Replevin is for an order to have property returned and conversion is for the cash value if the property is destroyed.
4. No. A replevin is to recover personal property and a eviction is to remove someone from a dwelling or business.
5. This depends on whether the owner claims that property as his own.
6. If it was a gift, it is yours.
7. The judge will have to decide who's telling the truth based on evidence and testimony.
8. Yes, that's what the claim would request: to be allowed to recover your property, and any missing or destroyed property should be paid for by the estate.
2. Yes, the court can award court costs.
3. Probably not.
5. That would be conversion.
6. A few months.
7. That's up to the judge, but it is possible
8. No, unless you can prove she acted personally and not for the estate.
9. You can sue for replevin and conversion at the same time in one lawsuit
10. You can file one lawsuit with all claims in it.
11. See 9 and 10.
If she sold your belongings without your permission, she can be held liable under the conversion claim.
There will probably be a fee to amend the complaint to add a charge of conversion.
Yes, you can file one complaint with both claims listed.
The statute of limitations for replevin and conversion is 4 years in Fl. (§ 95.11(3)(h))
You can pay his bills without getting clearance through probate, but of you need to access his accounts to get money to pay, you'll have to go through probate.
You can't act on his behalf officially unless you're appointed by the court.
You just can't show the will to them - you need a court order.
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