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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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Ask Your QuestionAsk Your QuestionMy partner of 25 years passed

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Ask Your QuestionAsk Your QuestionMy partner of 25 years passed away June 9 , there are 6 adult children, he passes without a will, the oldest was asked to be trustee and all age said she wanted was her dads truck and did not want to be involved . The 4 adult child steped up to beguin this process. The assists are less than 100.000 and we had all decided to get together and gift each adult child something they could remember there DAD from,this was July 4 weekend we all had plans, I the companion have been living in the house paying bills and work I make 50,000 a year , I can back to check on property on Monday july 6 property was all in place . I became ill from nerves from all this , but did go back on the 10 . I couldn't believe my eyes all my flowers I had just planted were gone the pillows on my swing was gone I went to the door and from the inside of the house there were no trespassing signs put up sheets over the windows and the locks had been changed. I called the police showed them my id that this was my place of residence
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
I am so sorry to learn of your loss, and terribly sorry to learn of the way that your residence was treated.Legally, the property should not have been invaded the way it was (regardless as to how it was owned), but depending on the way it was owned, your rights are slightly different.Here are the different basic scenarios:The property was owned by your partner: you would be considered an "occupant" and you would have been entitled to "notice" by the estate and while you are not entitled to remain in the unit, you are given a period of time to remain (30 days in most states, 60 days in California) prior to the estate being entitled to file for an "unlawful detainer" to force you to leave. Because the estate did not do this, you are entitled to sue the estate for "illegal eviction" "trespass" and "damage to personal property ("chattels")" in small claims court.The property was leased by you and/or your partner: This follows roughly the same rule as above, and you would have the same rights as I noted above.The property was owned jointly by you and your partner. In this case, you can sue for trespass, and damage to chattel, as well as "quiet title"I am not sure what the police did for you when you reported this, some departments treat this as a "civil matter" and refer you to small claims court to file a civil action for these disputes, while others treat it as a criminal matter and will actually pursue criminal charges (you can also call your County Prosecutor (District Attorney)).The estate now owes you - and the specific individuals that actually came and did this to you are responsible for the intentional torts of trespass and damage to personal property (these are intentional torts, so in additional to compensatory damages (the cost of replacing your personal property), the court can also award you "punitive damages" (additional monetary damages to punish intentional bad conduct).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.Again, I am terribly sorry to learn of this situation, and I do hope that you can get a swift and positive resolution to this terribly unfortunate matter.
Customer: replied 1 year ago.
Great thank you
Expert:  CalAttorney2 replied 1 year ago.
You are welcome, and I do wish you the best with this matter.Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.Thank you again, and again I wish you the best.Bill
Customer: replied 1 year ago.
Great how do I ask more questions
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, you can ask follow up questions here (I am posting your follow up here), or you can post a new question in the same way that you just did.You can post a new question to any of our experts, or you can post one for me specifically by starting your question with "For William B. Esq." and a moderator will notify me. So do I go to the civil court like the police said or what do I do net to follow thru with what you have suggested I doI would recommend calling the police first (it is quick and easy to do), but as a practical matter, you are more likely than not going to have to go to civil court or mediate this matter to get a formal resolution.
Expert:  CalAttorney2 replied 1 year ago.
re: phone callsDear Customer, I do not provide telephone calls - my hourly rate is far in excess of the small fee charged for this "Q&A" session, and I do not wish to provide the impression that we have an attorney/client relationship through this forum. If you desire a phone call, you can post a second question and post in the initial question that you are looking for "Additional Services" and another expert will provide you with an offer giving their fee for this additional service and additional instructions.
Customer: replied 1 year ago.
Should I go down to the civil court like the police said and file the papers as they said
Expert:  CalAttorney2 replied 1 year ago.
Yes that would be the best place to start. Your other alternative is to contact your local bar association and see if you can initiate a mediation, but given the way you have been treated, it may be in your best interest to start a lawsuit first and then see about mediating a resolution after you have already filed suit. (Mediation can work at any time during a dispute).
Customer: replied 1 year ago.
Thank you so much you have given me hope after losing my husband we called each oter that it has been devastating this this happens
Expert:  CalAttorney2 replied 1 year ago.
You are welcome, and I truly do wish you the very best in this unfortunate matter.
Customer: replied 1 year ago.
Thanks ypi
Expert:  CalAttorney2 replied 1 year ago.
You are welcome, and I do wish you the best with this matter.
Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.
Thank you again, and again I wish you the best.
Bill

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