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Ask N Cal Attorney Your Own Question

N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8089
Experience:  since 1983
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I ordert to put his hand on the wealth of my sister who is

Customer Question

I ordert to put his hand on the wealth of my sister who is in a coma her husband and her children have tried to manipulate and pressured me her brother and tutor by law by

threatening to reveal some " secrets " related to the daughter having been sexually abused by her father which would hurt our family's reputation

pretended that her daughter was in danger and needed urgent help and was arrested by the police,

the daughter even married a man who started to claim money from us pretending that he paid it on her to help / cure her ....

AT some point my sister husband and her newly " appointed ' daughter's husband In exchanged emails syaing taht Dima is a hostage and that the new husband wanted 1 million USD to free her.

They invoked in some email exchanges the Terry Schivo case to open the discussion on removing the tube ....

We have all the emails + voice recording of the new " husband " claiming 500 000 USD from my sister / is this enought to sue them from Black mail ?
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.
I am sorry to hear this.

Where is your sister? where is her husband?
(Your question mentions Lebanon and California so I am confused.)

Has any Court appointed a conservator for her?

Is she on life support?

Did he threaten to remove the life support unless you pay him?
Customer: replied 1 year ago.

Where is your sister? where is her husband?
(Your question mentions Lebanon and California so I am confused.)


The comatose sister is in Lebanon along with her husband and live in a family building put at their diposal by my late mother. The Conservator lives in California USA.


 


Has any Court appointed a conservator for her?


Yes the Courts in LEbanon and I am the conservator. I live in the US and am back and forth to Lebanon. My brother are in the same family building in Lebanon and take care of my comatose sister for more then 12 years.


 


Is she on life support?


YES


 


Did he threaten to remove the life support unless you pay him?


 


In one email after invoking the Schiavo case the new American " husband " asked the son who resides in LEbanon in the same house with his comatose mother to " remove the tube " yet without saying PAY or I REMOVE it was not direct. The only way to get paid or get the wealth of my sister immediately is to remove the tube...


 


 

Expert:  N Cal Attorney replied 1 year ago.

If you are the conservator, you should have the power to remove her from her home and place her into a nursing facility where no one can remove the tube without medical orders or a Court order.

 

I have to ask if you are conservator of the person, conservator of the Estate, or both?

Excuse me if this is presumptuous, but if you are interested in getting her divorced from him, I have to ask which religion they belong to.

Customer: replied 1 year ago.

 


If you are the conservator, you should have the power to remove her from her home and place her into a nursing facility where no one can remove the tube without medical orders or a Court order.


 


YES WE CAN. Yet my brother and his wife are both medial doctors live in the same buidling and offer primary care along with home nursing. A hospital or care center accoring to my brother could ease infection by deadly viruses leading to her death.


 


I have to ask if you are conservator of the person, conservator of the Estate, or both?


 


BOTH


Excuse me if this is presumptuous, but if you are interested in getting her divorced from him, I have to ask which religion they belong to.


 


Christian Catholics married in Church. We considered getting her divorced and could be one of the legal actions we could go for.

Expert:  N Cal Attorney replied 1 year ago.
Lebanon does not allow Christians to divorce.

As conservator of the Estate you could place her assets into a trust for the benefit of her and her children. That would be a roundabout but effective way to disinherit the husband to the maximum extent allowed by Lebanese law.

You can get a consultation from some of the estate planning attorneys listed by location at
http://www.hg.org/law-firms/estate-planning/lebanon.html

Because a Lebanese Court made the conservatorship orders, you need an attorney in Lebanon to assist you with this.

I hope this information is helpful.
Customer: replied 1 year ago.

Lebanon does not allow Christians to divorce.


 


Divorce is very difficult et possible in relegious courts.

As conservator of the Estate you could place her assets into a trust for the benefit of her and her children. That would be a roundabout but effective way to disinherit the husband to the maximum extent allowed by Lebanese law.


Trust / fiduciary laws in LEbanon do not allow to include assets only cash in a bank account can be run by a trust.



You can get a consultation from some of the estate planning attorneys listed by location at
http://www.hg.org/law-firms/estate-planning/lebanon.html

Because a Lebanese Court made the conservatorship orders, you need an attorney in Lebanon to assist you with this.


We have one in LEbanon.



I hope this information is helpful.


 


Yes it was thank You.


 


Can we sue them in the USA ( The American Husband + daughter + father ) other perons who participated in buidling the pressure on me in the USA and my brothers in Lebanon for trying to extirpate money from us using a form of blackmail ?

Expert:  N Cal Attorney replied 1 year ago.
You cannot sue civilly for attempted blackmail but you can file a police report.
Customer: replied 1 year ago.


We cannot sue a criminal for a failed attempted black mail ? What is a police report ? any legal value for future action in case they " come " back ?


 

Expert:  N Cal Attorney replied 1 year ago.
Attempted blackmail is a crime, but you cannot bring a civil action for damages unless the defendant caused actual loss or damage. Depending on the evidence, the police can ask the prosecutor to file criminal charges.
Customer: replied 1 year ago.

Can I claim moral damages ? This story was spread over 3 years + 1000 emails at any time of the day and night ?


Can I claim material damage since this story lasted 4 years and this made me loose the rent of our house during 4 years amounted to X USD + buiding charges for Y USD ?


 


Do You advise that I hire a lawyer before I go for the Police Report to better prepare my case ?


 


If the prosecutor files for criminal charges what will be the implications for those residing in the USA ? and those that are in LEbanon ?


 


How time between the Police Report and the Prosecutor decision ?


 


While residing in the USA with her American Husband the daughter Dima and her America Husband accused her father residing in Lebanon of sexual abuse. WHat legaly married US husband and his newly married wife do against the father in the USA ? Can the American Husband sue the father for sexual abuse of his wife in front of US courts and have that could lead to ....?


 


 


Can this acusation be another evidence agaisnt the American husband of being part of the " plot " agasint us in trying to extirpate money from us either;


1. a victim asking for a compensation / emotional manipulation


2. or as black mail threatening to divulgate ( and they did send emaild to national news agancies iin LEbanon ) a story that would harm our family reputation and honor ?


 


Customer: replied 1 year ago.

 


Can I claim moral damages ? This story was spread over 3 years + 1000 emails at any time of the day and night ?


Can I claim material damage since this story lasted 4 years and this made me loose the rent of our house during 4 years amounted to X USD + buiding charges for Y USD ?


 


Do You advise that I hire a lawyer before I go for the Police Report to better prepare my case ?


 


If the prosecutor files for criminal charges what will be the implications for those residing in the USA ? and those that are in LEbanon ?


 


How time between the Police Report and the Prosecutor decision ?


 


While residing in the USA with her American Husband the daughter Dima and her America Husband accused her father residing in Lebanon of sexual abuse. WHat legaly married US husband and his newly married wife do against the father in the USA ? Can the American Husband sue the father for sexual abuse of his wife in front of US courts and have that could lead to ....?


 


 


Can this acusation be another evidence agaisnt the American husband of being part of the " plot " agasint us in trying to extirpate money from us either;


1. a victim asking for a compensation / emotional manipulation


2. or as black mail threatening to divulgate ( and they did send emaild to national news agancies iin LEbanon ) a story that would harm our family reputation and honor ?

Expert:  N Cal Attorney replied 1 year ago.
I think you should consult a local attorney prior to filing a police report or taking any legal action.

If they libeled you in Lebanon you could sue for that but it may be difficult to subject them to jurisdiction in California.

The conservator could sue for sexual abuse of the conservatee but the husband would probably not have standing to sue for that.

You can get a free consultation from some of the family law attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Family-Law/California

This website is meant for simple questions and your situation is too complex to be adequately addressed here, and this is not a confidential forum.

Please follow up on this with a local attorney.
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8089
Experience: since 1983
N Cal Attorney and 6 other Legal Specialists are ready to help you
Expert:  N Cal Attorney replied 1 year ago.
Thank you for accepting my answer.
Customer: replied 1 year ago.


Is there any time limit regarding the emails dates during which we should take legal action before we loose our rights to claim any thing in a criminal case ?

Expert:  N Cal Attorney replied 1 year ago.
I am sorry but I have been unable to find the Lebanese Criminal Code on line, so I am unable to answer your last question about the limitation period.

You can get the answer from a criminal law attorney in Lebanon, some of whom are listed here.
Customer: replied 1 year ago.

since the daughter and her new husband were in America from june 2009 until January 2013 and the daughter obrained her green card as a consequence. Based on the above facts how can I sue them under American law ?

Expert:  N Cal Attorney replied 1 year ago.
California has a 3 year statute of limitations on most felonies, see Penal Code § 801.

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