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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33370
Experience:  Estate Law Expert
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My father died feb26,13 he didnt leave a will and who we thought

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My father died feb26,13 he didnt leave a will and who we thought was an xwife turn out after we probated his property he remarried her in 2012. But my father has been sick for the last past 2yrs with demential, and she had moved back in with him for sometime to take care of him and before we could probate his estate she moved out of his house and took everything all of it even food. How we found out about the marriage is when we did inventory of the house withthe counstable and he contacted her to return the property is when she stated that they were remarried and then she wanted to divide the property per her and now the counstable reported the judge that its not crimminal and its civil. How do we take her to court to plee our case that she left without paying any bills or taxes and thats why she is saying we can have the house and land and keeping everything of value thats paid for
Hello, and thank you for contacting Just Answer. I am an expert here and and I look forward to assisting you today.

Why do you want to take her to court? What are you trying to achieve?
Customer: replied 4 years ago.

I would like to make it legal that she dont want anything like the house and land and that she should return some of my fathers things like his f150 truck his jewelry his flag and she can keep all of the furniture and washer and dryer ect because when we probated his estate we thought he was divorced and all of his neighbors think she may have some responsiblity in his death i have a autopsy report where he was very medicated

I need to look at something. Be right back with you.
Customer: replied 4 years ago.

she stated to the constable that she didnt want the home and land but all of the stuff my dad had before they was married my dad died on feb 26, and buried on march 9th she moved out around march 15 not paying any morage payment for those months the house is a triple wide moble home and they getting ready to repo it til I made a payment yesterday the insurance on the truck and house have lapsed

Are you wanting to get all of the property back? Did your dad leave a will?
Customer: replied 4 years ago.

no he didnt leave a will, thats why we probated the estate, and we were awarded his estate and when the constable contacted her to tell her to bring the property back thats when she informed us that they were remarried in 2012 and it have not been a year yet before my dad died, and thats when she stated she would give us his flag, jewelry, tv land and house and she was keeping his truck and furniture.I feel she should have told us that they were remarried and we all should have probated the estate but she ran out not making anything legal and it look like we lied to the judge, but all we had was the divorce papers from 2006

Sorry, I see that now. I'm working on a laptop and the screen was cut off at the top.

You can file an amendment to the probate and inform the judge that he was married but be sure she provides you with the information to prove that they remarried. In addition, you can challenge the marriage if he was not of sound mind. You mentioned that he had dementia and so he may not have been able to get married, legally.

Even if she was married to him the property doesn't belong to her until a court says it does.
Customer: replied 4 years ago.

Thanks, XXXXX XXXXX sense. and it will cheaper than retaining an attorney I was hoping it was something i could do on my own. I can challenge the marriage at the probate hearing? she provided the constable with the marriage certificate even he said that he would fight her cause of her actions. Last, what do i need to get that would be helpful in challenging the marriage?

Yes, you can challenge the marriage through the probate court. I think you would need to get the testimony of the doctors who were treating him and the medical records to prove he wasn't competent.
Dwayne B. and 5 other Estate Law Specialists are ready to help you
Customer: replied 4 years ago.

Again thank you so much, and may God show favor on your career

Thank you very much and I do wish you the best.