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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85790
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mom passed away leaving no will. We have been to court several

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My mom passed away leaving no will. We have been to court several times I have a lawyer hired now but nothing has been done yet. She has 5-acres and a house on it. 22,ooo.00 is owed on this and I am making the monthly payments out of my pocket with no help. They removed all the assessts out of her house that was worth money. They are causing problems with me every way that is possible even such as filing false police reports im at my witts end with this. Im filing charges against them today for ffalse reports a court date is set up for August 23 this month and they already are making excuses that they can not be there once again. My lawyer dosent seem to do anything now I want to know what I can do to get this matter resolved because it is an ongoing deal and I want to enjoy my life with my family and grandkids instead of dealing with them. Also can I have them removed from the estate over causing and filing illegal fraud with the police department now they are talking about sueing me once I become administrater. They wont file for it because they find it tobe funny to cause as much problems as possible for me. I have done nothing but paid the bills out of my own pocket and the attorney fees. Please Help Me.
Submitted: 8 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Until you get named administrator, you are not going to be able to take any actions against them for taking property from the estate. Once you are named administrator, then your first action would be send a demand to every heir for the property they took from the estate. Then if they refuse, you can file a theft complaint with the police and have them charged. You could also get the probate court to order them to return the property and to hold them in contempt of court for their refusal which could result in them being put in jail for contempt.

You have to go with the legal process, as does the attorney and many times the legal process cannot be rushed. You need to tell the attorney though that they are taking from the estate without permission and something needs to be done to protect the estate from their looting and it is his legal duty to protect the estate and get an administrator named. If the attorney refuses to at least move to get you named as administrator or collect the estate property, then you need to consider terminating this attorney and getting a new probate attorney involved.



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Customer: replied 8 months ago.


Is there anyway that I can ask the court to remove them from the Estate due to everything they are putting me through even filing Fraud against me when its been proven all ready that I did not do anything?


 


 

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

You cannot remove them as beneficiaries of the estate, you can get the attorney to file to get an order to keep them off of estate property and from taking any other property. Once this matter is over, you can seek to sue the others for "malicious prosecution" for making false charges against you.
Customer: replied 8 months ago.

One more Question how do I keep this from being prolonged on going to court is there any way that I can make them show up on the court dates they are just telling the judge they caint be there and not providing any proof and the judge just keeps rescheduling the court dates and nothing been done. Im tried of making all the payments and they aren't making any. And not having a administrator over it even makes it worst. Im tired of being used as an idoit an laughed at.The judge has all ready pergered his self in the court room. Its a democracy going on here any thing would help on this to get the ball rolling.

Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your response.

You would have to get the judge to issue a subpoena and if they fail to honor that subpoena then you show the judge the multiple times they failed to appear and ask the court for a judgment by default against them. However, really you have to get appointed administrator first and the attorney will have to file objections to any further continuances on that matter.

I have had some estates go on 5-7 years where the heirs kept litigating and fighting. The average probate takes about 18-24 months.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 85790
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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