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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111568
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I planned 1 year to leave my house in WV and relocate to

Customer Question

I planned for over 1 year to leave my house in WV and relocate to live with 78 year old Uncle in Hawaii. Sold everything I own plus my truck. Put my puppy through quarantine and mailed 47 boxes to Hawaii so I could travel light. After 1 month of living together, my Uncle and I had one small argument and he told me to leave his house and find another place to live. Since my arrival in Hawaii, my Uncle and I changed his living trust to read that I would never be made to leave his property unless I chose to do on my own accord. (Papers drawn up but not ready to sign until Nov. 5) We also added me to his checking account as owner and I was able to deposit over $21,000 in cashiers checks from all of the items I sold from WV) He made many oral agreements with me as to items he gave to me that belonged to my deceased Auntie. I put all of my personal papers as well as over $700 cash into his personal safe. How can I protect myself? This man is on parole and has broken several laws but I have not wanted to use this leverage until speaking to attorney. I am a low income 56 year old woman under SSDI and I need to have immediate surgery on my right shoulder. Where do I start?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The first thing you need to do, since you are not right now in position to try to start a court battle with this, is to try to make amends for the argument, even if you were right. Second, you need to get him to sign those papers, because without the papers being signed, you have no legal rights and he can force you out and all you could then do is sue for return of your $21,000 and the property from his safe if he will not return it to you upon your asking. The only way you can have protection is to make your apologies so that he feels comfortable to sign that trust document, without it the only thing you can do is report his criminal offenses to law enforcement for the parole violations. Going to a local attorney in Hawaii is going to be expensive and at this point a bit premature if you can settle the dispute with your uncle peacefully and at least get your property returned to you. If he refuses, then I am afraid you would need an attorney and would have to file suit against him for return of your property in a suit called a petition for replevin. But even suing him in court would not get you the rights to stay in his property if he insists you need to leave, only him signing that trust agreement would protect you.

Customer: replied 1 year ago.
sorry but I believe that your answer is vague. It is not worth the money that I paid and I am requesting a refund.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

My answer is based on the "vague" facts you provided. But since you wish a refund and you have not provided any additional information for me to discuss more possible options with you, I cannot answer you further until you do.

Mahalo ***** ***** hope this works out for you and if you would like more specific information, then you have to provide more specific details and ask the specific questions about exactly what you would like to know and we are more than happy to work back and forth with you..

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