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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26165
Experience:  Litigation Attorney
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I am unble to get my belongings from the house. My boyfriend

Customer Question

I am unble to get my belongings from the house. My boyfriend died. The sister took contol of the will. I had a key and she changed the locks.the only mail going to the house was my car registration and lib.card. I have pictures of my belongings in my prior house.How do on obtain papers for being wrongly evicted.She will not reurn my calls.This is not in Fl. probate.
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.

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.

 

 

Roger, Attorney
Category: Legal
Satisfied Customers: 26165
Experience: Litigation Attorney
Roger and 5 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
We planned to get married, however I needed to spend time also at my parent's house caring for my father who has cancer. I would go to my boyfriend's house every other weekend. I did not pay rent, however had a house key and my car insurance bill went to his address. We just finished building the house and moved my furniture in. I helped pay for food and furniture. I have pictures of my belongings in my prior house. .Since his death his sister changed the locks and will not let me get my belongings. Can I break in and take my belongings? This is not in probate. His sister and my boyfriend did not talk for the last 2 years.I was told that I can not bring this to small claims court because it is a estate matter? I hold a most resent will saying that I am to be excutor which I already passed to the next exutor named.Of course his sister has an old will that she is following. All I want is my belongings. He did not have any money is net worth is negative. Thanks.
Customer: replied 4 years ago.
CAN I ASK AND SEE IF THE POLICE WILL ALLOW ME TO BREAK THE LOCKS.
Expert:  Roger replied 4 years ago.
You can't get the police to break the locks or force your way in without a court order.
Customer: replied 4 years ago.
CAN I ASK AND SEE IF THE POLICE WILL ALLOW ME TO BREAK THE LOCKS? MY CAR INSURANCE AND LIB CARD IS ADDRESSED TO HIS ADDRESS.I HAVE THE KEY BUT HIS SISTER CHANGED THE LOCKS.MY BOYFRIEND DID NOT CHARGE ME RENT?(PLEASE READ PRIOR QUESTION).DO I ADDRESS THIS IS ESTATE COURT OR SMALL CLAIMS COURT TO GET MY BELONGINGS?I HAVE PICTURES AND RECEIPTS IN MY PROIR HOUSE. IT IS NOT IN PROBATE.I DO NOT WANT TO PAY A LAWYER JUST TO GET MY BELONGINGS. I AM THE WHO FOUND MY BOYFRIEND DEAD ON 1/22/10 BECAUSE HIS NEPHEW WOULD NOT CHECK UP ON HIM WHEN I CALLED TELLING HIM THAT HE WOULD NOT ANSWER MY CALLS. HIS NEPHEW LIVES NEXT DOOR.HIS DEATH WAS RULED NATUAL DEATH UNTIL I CALLED AND ASKED FOR IT TO BE INVESTATED BECAUSE I BELIEVED THAT HIS DOCTORS ALL 3, GAVE HIM TO MANY PAIN PILLS. STILL WAITING FOR THE TOXICOLOGY REPORT. I AM WONDERING IF I SHOULD MOVE ON OR SUE FOR EVICTION NOT BEING DONE IN THE PROPER STEPS. SHE HAS NO RIGHTS TO HIS HOUSE. I HAVE THE CURRENT WILL WHICH HE LEFT ME EXCUTOR AND EVERYHTING. HIS SISTER IS USING HER WILL WHICH I DO NOT CARE BECAUSE I DO NOT WANT ANYTHING BUT MY BELONGINGS.WITHOUT HIS VA CHECK EVERYTHING MAY FORECLOSE.
Expert:  Roger replied 4 years ago.
They're not going to allow you to break the locks unless a judge grants your request and puts it in a court order.
Customer: replied 4 years ago.
THANKS HOW DO I GET A COURT ORDER? DOES IT NEED TO GO TO 1.PROBATE OR 2. CONVERSION OF PROPERTY . 3.UNLAWFUL EVICTION? WHAT PAPERWORK DO I DID TO FILL OUT? THANKS SO MUCH FOR YOUR HELP. I WAS WITH JIM FOR 9 YEARS IN 2007 WE DID A PRE NUB AND 2002 A WILL. HE BUILT A HOUSE BUT PUT OFF THE WEDDING BECAUSE MY FATHER WENT INTO A COMA IN 2007 FOR 3 MONTHS DUE TO A HEMATOMA, NOW HE IS FIGHTING CANCER.2009 MY SON WAS A PASSENGER AND BROKE HIS BACK, 2008 I BECAME DISABLED DUE TO AN ACCIDENT. I WAS A RN.MY MOTHER HAD A VALVE REPLACEMENT AND A STROKE 2008.I HAD MY BELONGINGS AT HIS HOUSE BUT I HAD GIVE TIME AND HELP MY FAMILY ABOUT 80 MILES AWAY. I COULD FAX MY WILL TO THE CAR PAYMENT OFFICE BECAUSE SHE TRYING TO TAKE THE CAR. I DO NOT CARE ABOUT THE HOUSE, CAR, OR HIS BILLS. ONLY MY BELONGINGS ABOUT 3,000.00. THIS IS NOT IN PROBATE. SHOULD I GO TO CITY CLERK AND FOR WRONGFUL EVICTION. THANKS, GAIL
Expert:  Roger replied 4 years ago.
You need to go to small claims court and sue for conversion of your property or for an order granting you access to the property in order to recover your things.
Roger, Attorney
Category: Legal
Satisfied Customers: 26165
Experience: Litigation Attorney
Roger and 5 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
1.What if it the estate go to probated and I put in for an conversion of my property?
(I filed his will which says everything goes to me),
2. Will the conversion be stopped and will I be reimbursed for the fees that I already paid, if it goes to probate?
3. Is conversion the same as a replevin order?
4. Is a replevin order the same as a wrongful eviction?
5.Will the judge say I have to give back the 4 draw tool box and fishing poles that I took from the house, ( his nephew said he did not want them)? I have it in storage for safe keeping.
6.Also will I have to give her the metal detector that I took from the house, that he gave me for my christmas gift?
I have picture of my furniture placed in my house prior to moving . In his will he left everything to me. I do not want anything except what belongs to me.
I have no desire to be an executor.
7.What happens if his sister says that I took something that I did not?
8 . My belongings are about 2,000.00, Can I just get a court order to open up the door, so I can get my belongings.
I have pictures and receipts.He had no children and all the girl stuff is mine.
Please answer the 8 questions.Thank you.
It is funny that he did not talk to her for 2 years and now she cares.We were together for 9 years and are material things worth all of this. I may just walk away.
Expert:  Roger replied 4 years ago.

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.

Customer: replied 4 years ago.
1 .Is there anything else I can do just to have the door open?
I had the key prior to the door locks being changed by the sister. I need my blood pressure
medication. I really do not want to pay for a replevin order. I have the most recent will naming me as
executor. I do not wish to be executor and passed it to his nephew listed next on the will ( his
nephew(her son). They are using the earlier will with his sister named executor. It does not matter
because it is not probated.I also had my car insurance bill going there. I have pictures and recipes of
my things in my prior house before moving to his house.
2. Can I have the sister repay for court costs on a replevin? I do not know her address to fill out the
replevin order but I think the Detective does.
3. Will the detective give it to me her address.?
4. Do I need her address?
5. What if she throws out my stuff and the house forecloses. His bill are higher than his worth.
6. How long will this take?
7.Will she have to pay for court cost to list his things "I stole" and wants to be reimbursed? I only took
about 200.00 tool burea. I am sure she will say a lot more.
8.Can I hold her responsible to pay for my belongings, if there is no money left in the estate?
9.If she sell my stuff do I then have to refile for a conversion and spend more money?
10. will I have to bring back his tools. I have them in storage for safe keeping. they said they did not want them but I am sure they will list them along and lie about other things.
11. What is best to do a replevin, conversion, or faulty eviction? Which is cheapest? what if the judge wants this done in probate? Will it cost me more money or will it just transfer from replevin to conversion, or probate
Ok that should be it. Thanks so much for your help. please answer 1-11.
Expert:  Roger replied 4 years ago.

1. No.

2. Yes, the court can award court costs.

3. Probably not.

4. Yes.

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.

Roger, Attorney
Category: Legal
Satisfied Customers: 26165
Experience: Litigation Attorney
Roger and 5 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
I am going to do a replevin order because I do not want to be executor of the will, since he has many bills and no money to pay them. What if the sister sold my belongings or threw them out? What if I find out later that my belongings are gone and there is no money in the estate? Do I have to pay more money to add an conversion? Can she be responsible to pay me back? I do not understand her and why is wants to be the person to handle everything? His mother died a year ago and he never saw the money.
Expert:  Roger replied 4 years ago.

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.

 

 

Customer: replied 4 years ago.
When would I amend the complaint from replevin to conversion, before or after the court date? Since I do not know if my belongings have been sold before going to court, should I just go for a conversion? Do I need to fill out a form to ask for her to repay for court cost and fees or do I just ask the judge?Jim died 1/22/10, am I within the time frame of limitations? Thanks so much. You have been a great help.
Expert:  Roger replied 4 years ago.
You would need to amend before the court date. My suggestion is that you claim both. If one turns out not to
be the case, you can dismiss that claim. It is easy to dismiss a claim, but hard to add one.

You are within the SOL.
Customer: replied 4 years ago.
SO I FILL OUT THE REPLEVIN AND CONVERSION ? I HAVE NOT FILLED OUT ANY YET. IS THERE A TIME FAME?
Customer: replied 4 years ago.
SO I FILL OUT THE REPLEVIN AND CONVERSION ? I HAVE NOT FILLED OUT ANY YET. IS THERE A TIME FRAME?
Expert:  Roger replied 4 years ago.

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))

 

 

 

 

Customer: replied 4 years ago.
Since I have a will and named executor, can I just get a document so I can pay his bills without going to probate? He is negative in his worth? how would I do that?
Expert:  Roger replied 4 years ago.

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.

Customer: replied 4 years ago.
Yes but the sister put locks on the doors. Is probate the only way to get permission to go into the house? Can I show the will with me as executor and get documents to handle his affairs? His house will be sold or foreclose.
Expert:  Roger replied 4 years ago.

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.

Customer: replied 4 years ago.
1.Since his worth is under 5,000.00 and may be negative after his house forecloses, what about a summary administration or distribution administration or a replevin and conversion ? 2. I found him on 1/22/10 because he would not answer my calls. The nephew would not check up on him when I left him a message saying he did not answer my calls. It was listed as a natural death until I called the police telling them he was seeing 3 doctors and was on pain pills. It was then listed as a homicide. I was also questioned my the detective about his drug use and how long it takes me to drive to house. I had doctor's appointments and dentist appointments all that week and drove 80 miles to see him on the Friday. I found in bed dead. I believe he took one to many pills of xanax, and vicodan that the dr gave him.3. No one will tell me how he died. 3.How do I get the medical examiner report? 3What is a summary administration? Please answer my 3 questions. Should I leave me belonging there and forget about my belonging 3,000.00 Thank you. Gail

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