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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 11959
Experience:  JD, MBA
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Upon my mothers death my sister and her daughter and son in

Customer Question

Upon my mothers death my sister and her daughter and son in law cleaned out the home of all valuables. please let me know if I can file a criminal trespass on these 3. As my nephew and myself are the legal owners of this property in New Meixco.Also upon
death my mom's life estate was terminated at her death.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
You can certainly file a police report with regard to what happened. The police may or may not be of much help. It sounds like from a technical standpoint, you would be correct that it was theft. But in these situations, sometimes the police are not that helpful because they aren't certain about who owns what upon your mother's death, so they may tell you that it's a civil matter (i.e., you can sue them). But the bot***** *****ne is that there is no harm in filing the police report to see if the police will take action.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 1 year ago.
so can I sue them after the fact? also there was a physical confrontation with the male in the group. I kicked him on my property was I in my right, due to the fact that it is my property and he was helping with removing things of value from my property?
Expert:  TJ, Esq. replied 1 year ago.
Hello again.
Yes, you can sue them for taking property that did not belong to them. As for kicking one of them, you should not face any criminal prosecution since you were merely attempting to protect your property.