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Court order for restraining order and petition for forfeiture…

Customer Question
Court order for restraining order...
Court order for restraining order and petition for forfeiture of property that is in my deceased parents name. My question is what legal rights I have as the excutive to the estate?
Submitted: 8 years ago.Category: Estate Law
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Answered in 1 minute by:
6/26/2010
Estate Lawyer: Daniel P., Attorney replied 8 years ago
Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
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Thank you for entrusting me with your legal issue. I will work diligently and quickly to answer your questions. I look forward to assisting you.

 

I'll need a little bit more information to assist you.

 

Who was the restraining order on? What were the grounds for the restraining? Has the court appointed you as executor?

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Customer reply replied 8 years ago

Restraining order against property because a family member was arrested for selling crack cocaine from the property. The commonwealth is petition that the property be forfeited to the custody of the Philadelphia District Attorney Office. This is inheritance property which I have not file the papers in the office of Register of Wills. So the property is still in my parents name and they are both deceased.

Estate Lawyer: Daniel P., Attorney replied 8 years ago

The Philadelphia District Attorney's Office would trump any probate proceeding. This is a criminal investigation at this time and the property is State evidence which will be returned to the estate upon completion of their investigation and case.

 

Technically, until you file in the probate court to become executor, you have no rights. In otherwords, you were just the preferred choice to be executor of the estate. YOu will need to file in the court and have the court actually appoint you as executor. Once you are appointed as executor, you will be able to work with the DA's office and recover the property from them when they are complete.

Daniel P.
Daniel P., Attorney
Category: Estate Law
Satisfied Customers: 2,742
Experience: I have my own practice in Sarasota, FL- Estate Planning, Medicaid & VA law, Probate & Family Law
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Daniel P. and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 8 years ago
Their is a court date of July 7th should I attend and should I have legal council Can I go ahead and file in the Register of Wills office asap
Estate Lawyer: Daniel P., Attorney replied 8 years ago

What's the court hearing for?

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