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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2581
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My father passed 1 year ago, he had a will and made my

Customer Question

My father passed 1 year ago, he had a will and made my sister exec. of the will she never probated the will Florida stated we needed a lawyer to do this fees were $ 5000.00 which we did not have her name was on accounts along with his, she took all funds!!!. now the court has appointed a conservator who has served my broyher with an eviction notice He is on disability and has lived in one of the homes for 20 plus years can he be forced out ?. how can we get back all my sister has taken we do not have the funds needed to sue her. I am my mothers guardian she is living and in a nursing home in Maine I really need advise I had heard that since my brother has been living in the home and is on disability he can not be evicted, Please please help
JA: Have any legal documents been prepared or filed in this matter?
Customer: I have been to court in Maine where my mother is, it seems no one is going after anything except properties, there was a home in Florida and 1 in Maine, My sister has somehow had her son buy the Florida property under value we can not even get into the home to get any of my fathers things, she had the locks changed. I need to know if my brother can stay in the home he has been in for many years and how we can get back what my sister took. since the court in Maine has appointed a conservator. I has legal guardian for my mother seem to have no say in anything and no funds to hire an attorney in Florida to probate the will
JA: What documents or supporting evidence do you have?
Customer: The will is in Probate court in Vero Brach Florida, The court in Ellsworth Maine has all documents I have a copy of the will and papers appointing me as guardian. Florida will not probate the will without an attorney. I can get additional documents if needed. I am really concerned about the evicition notice served on my brother by the conservator he is disable I had heard that he cannot be evicted
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do we have a case, to sue my sister in Florida for miss use of funds, everything is so expensive can my brother be evicted what about the will , do I has guardian have any rights to speak on my mothers behalf she has alzheimers and is in a nursing home
Submitted: 9 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 9 months ago.

You have a right to act on behalf of your Mother as her guardian. If the will is being probated, you had or have a right to object to the will on behalf of you Mother. The basis is that your sister is converting your Father's assets to her own use, or doing fraudulent activity. If the will states that the house is in your Mother's name; or all the heir's names, your brother would be able to stay in the house unless to is put up for sell. Your brother cannot be evicted without a court order. We can continue to discuss if you would like to do so.

Expert:  Damien Bosco replied 9 months ago.

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards!

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