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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 116816
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Jr. I am 51 years old,and have been put on disability

Customer Question

Hello, my name is ***** ***** Jr. I am 51 years old,and have been put on disability for healt reasons. In 2013, I lost my MOM in Feburary,my DAD in June, and a brother in December. I have 1 other sibling that just turned 48 Oct 2nd. He has been in and out of jail his entire adult life. Some of me family members informed me that Kellly (the youngest brother) was only my half brother. This was a secret my Parents took to thier grave. My parents had a 2003 Ford Explorer sport Trac which my little brother helped himself to after my Father's passing. Although it was only a verbal agreement, my Mom wanted that vehicle to go to a very close relative that lives in Vidor. He is driving on a suspended licence, with either expired or stolen plates. My father and I have the same name, so i would have no problem gettin the title transfered to my Aunt in Vidor. I have spoken with law enforcement,and they told me to seek legal advise because it sounds like a family dispute and that they don't do anything unless he does physical harm to me first. I do not want anything to do with him or to even talk to him because he is extremely disrespectful and every other word out of his mouth is "m#$%ther F**K this or he accuses me of ripping him off after my parents estate was settled. I gave him the option of picking up a copy of all the paperwork,recipts, etc... to have a CPA look it over for him. he declined at the time saying he could'nt afford it and that he trusted me.Well 6 months after the house was sold and he and I split the money evenly, he is leaving messages on my girlfriends iPad accusing us of "ripping him off". what I want to know is how do I get a District Attorney to deal with him properly for driving without a license, and driving that vehicle with no plates registered. He is also a multi-drug user, anything from marijuana,cocaine,crystal meth,and when my Parents house was cleaned out,there were several spoons and used needles and surringes through out the house!!! what do you suggest I do without having to talk to him,see him, and remain anonamys to get this vehicle before it ends up being impounded and I can't afford to get it out. Any suggestions would be greatly appreciated.
thank you,
Kenny Harris ***@******.*** (###) ###-####- cell
Submitted: 1 year ago.
Category: Estate Law
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 DA will not deal with him unless the police catch him driving the vehicle. As far as possessing the vehicle, if it is not titled in his name and he will not peaceably allow you to take it back, then you must go to court and sue him for "replevin" which is return of the property and the court will force him to return it to you so you can so what you want with the truck. If you do not do so, then he will continue driving and if he gets into an accident or gets fines, the owner of the truck could be jointly liable and that means you could end up having to pay for those too.

So I would suggest going to court and suing for replevin would be your best recourse.