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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Civil law My niece was recently widowed. Her spouse died from

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Civil law? My niece was recently widowed. Her spouse died from alcoholism (severe scerosis of the liver) and the autopsy states so. My Nieces Mother in Law has been harrassing her through the legal system in any way she can in an attempt to gain her deceased son's assets. She is in her 80s and her son, who passed, was in his 50's. She feels (for whatever reason) that she is deserving of his monies/assets because she and he were very "close" and she helped take care of his son (her grandson) at times on and off throughout his life.

In addition, the mother in law, feels she is owed this right because her son had created a WILL that left all belongings to her in the case of his death, however, this was over fifteen years ago and before he was married.

The new WILL which my niece has provided proof of, which was created after he was married to my niece and they were together for 9 years, has left everything to her (as one would expect).

The mother in law has ;
a) challanged the new WILL in court and lost - No evedence to support her claim that the WILL was "falsified". It had been Notarized and the Notary was summoned and testified as well.
b) filed a "wrongful death" suit against my niece alleging that she "expedited" her spouses death by physically abusing her spouse while he was in a weakened (more like drunken) state prior to his death - Please note; prior to her spouses death, he was given less than three months to live by a Medical Dr., due to accelerated scerosis of the liver
c)repeatedly called and harrassed my niece and would not stop to the point my niece had to change her cell and home phone numbers


So basically, this woman is a whack job. What kind of civil case can we bring against her to STOP this behavior. She is making my niece ill now. It's been three years and this woman will not stop doing everything in her power to make my nieces life a living hell.

Do we file a Stalking suit against her? Restraining order ? or ????

what would be the most Powerful and Impactual way to make a point to her to let her know this must STOP and my niece will NOT take it any longer. We need to turn the tables now. We are hoping that by doing so, it will give her a "reality" check that SHE can really be the one in trouble if she does not back off.

Please advise. It's absolutely out of control and my niece in no way deserves any of this. Her grief alone is quite enough.

Thank you for your help!

Barbie
c)
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.
You have stated that your neice had to change her telephone number because she kept receiving calls from her late husband's mother. If this is still going on, then this could be considered criminal harassment. If the mother in law is threatening any sort of physical violence against your niece, this could be used as evidence to obtain a criminal restraining order to force the mother in law to cease all contact.

You've also stated that she has filed a wrongful death claim. This sounds like something that was absolutely baseless in fact. Thus, your niece could potentially counter sue the mother in law for Malicious Prosecution. Under the governing authorities, in order to establish a cause of action for malicious prosecution of either a criminal or civil proceeding, a plaintiff must demonstrate that the prior action (1) was commenced by or at the direction of the defendant and was pursued to a legal termination in his, plaintiff's, favor ; (2) was brought without probable cause ; and (3) was initiated with malice.

However, if the woman is still harassing your niece constantly, I think your best bet is to seek a civil harassment restraining order. I'm not sure where she is in CA, but here is a link to the San Diego court's website on filing for this type of restraining order. http://www.sdcourt.ca.gov/portal/page?_pageid=55,1554986&_dad=portal&_schema=PORTAL

The procedure should be the same wherever your niece is located.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4021
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 20 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

THANKS and will evaluate our options and make our next move.

 

MUCH APPRECIATED!!!

Barbie

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