How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask P. Simmons Your Own Question

P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26645
Experience:  16 yrs. of trial experience
11181181
Type Your Legal Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

My father died 02/09/2103. I have occupied his home since his

Resolved Question:

My father died 02/09/2103. I have occupied his home since his diagnosis in april of 2102. My father's home is in probate. The will has not been read and it has been said that my siblings are going to contest the will. I have 2 female siblings, who have removed items/money from his home. I have changed locks to attempt to prevent this. However, twice, they have obtained the services of a locksmith to gain access to the home. The first, realized he was not in the right place for the right reason and ended his services on the spot. The second, cut locks to barns, picked locks on entry doors to home, in the interior of the home, changed locks and drilled a gun safe that belonged to me and my son to gain access to contents. I was in Alaska at the time, this occurred in SC. I was alerted that a locksmith and my two sisters had entered the home. I was able to obtain the locksmith's phone number and called him while he was in the house. I asked him to leave, he refused. I attempted to speak with my sisters and the refused as well. I called the local law enforcement and they instructed the three to leave the home. After my return the next week, I realized my security system was gone, the locks were changed, cash from the safe that was drilled was gone. the safe damaged. I also received information that the locksmith was at the house for two days and my sisters spent the night in the home. Do i have an avenue for criminal prosecution for any of them?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Have you filed a criminal report? If so what was the response from the police?

And the property that was stolen...was that your personal property or was that the property of your father?
Customer: replied 1 year ago.


i did file a criminal report. The Law Enforcement AGency uses the Probate to avoid obtaining an arrest warrant. The property taken was my personal property. The investigator said to me "how do I know that the property was yours?" I told him by doing his job, by performing an investigation and asking me for receipts for the items taken. He dismissed me saying he couldnt help me....because of probate.


 

Expert:  P. Simmons replied 1 year ago.
Thank you

That is the hurdle you face...law enforcement (including the police and the county prosecutor) have "discretion"

They have the ability to decide what they will and what they will not spend resources investigating/prosecuting.

There is no legal way to force the police or the county prosecutor to investigate the case.

That said, you may still have some options.

I agree with you...if you had personal property stolen that is a crime...they should investigate. I would go "up the chain of command" to the chief of police and ask them to do just that.

Then, if the chief refuses, you can contact your elected representative (council person for the city) and ask them to put pressure on the police. The police are part of the executive branch of the government....they work for city council and the Mayor.

If that does not work?

Then you can use civil court...you can file a claim in small claims court against your sisters for the value of the property they stole from you.

BotXXXXX XXXXXne: you can not force the police to prosecute. But you can ask them to...and you can also file a civil lawsuit to recover the value of the property they stole from you. If you file in small claims you can save the cost of a lawyer and "do it yourself"





Customer: replied 1 year ago.

Does this include the locksmith as well? Shouldn't he have had proper "paperwork" to enter the home? And to drill the safe....such as probate documents and proof of ownership for the safe?


 

Expert:  P. Simmons replied 1 year ago.
Yes...I agree. But he (the locksmith) is an agent of the sisters...so ultimately they are liable for his conduct. You can sue them (the sisters) for his trespassing.

I agree also that the police could charge him for trespassing...but you need to convince the police to take the case first.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26645
Experience: 16 yrs. of trial experience
P. Simmons and 19 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.