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Re:The last question I asked Ely about an unlawful detainer…

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Re:The last question I asked...
Re:The last question I asked Ely about an unlawful detainer that I was expecting to be served. I retained an attorney. He looked at all my paperwork and said I had enough evidence to prove my case against my brother who fraudulently stole my inheritance(family home) he received extra cash for house value in an IRA. But didn't win because I didn't have an attorney he said I need to make plans to move. This will cause an extreme hardship as I am disabled and only receive 1100 a month. I live in Ca. My Petition I submitted was never addressed I made mistakes judge had no tolerance for a pro per litigant and ruled in his favor. Lots more to this story, but if the evidence proved my case don't I have the right to be heard I want to file a civil suit against my brother and make him account for trust activities . Its been almost 2 yes since the judge allowed him to take over as trustee. Now I'm facing being put on the street because I couldn't afford an attorney . Please tell me there is something I can do. My attorney says no. PLEASE HELP.Merlinda Haas
Submitted: 3 months ago.Category: Estate Law
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Customer reply replied 3 months ago
I have not been personally served unlawful detainer. but he's been here in my backyard peeking in my window. Is that legal?
Customer reply replied 3 months ago
Is anyone gonna answer
Answered in 1 day by:
4/3/2018
Estate Lawyer: Josie-Mod,
 replied 3 months ago
Josie-Mod
Category: Estate Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
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Customer reply replied 3 months ago
Il wait
Customer reply replied 3 months ago
The attorney i retained specializes in unlawful detainers not trust estate issues
Estate Lawyer: DamienJD, Attorney replied 3 months ago
DamienJD
DamienJD, Attorney
Category: Estate Law
Satisfied Customers: 5,130
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney.

Are you saying that your brother inherited the house where you live and is saying that you have to move? Also, are you saying that you attempted to petition the court but the Judge denied your petition?

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Customer reply replied 3 months ago
No its much more complicated then that. I'll do my best to explain. First of all my daughter and myself live with my father approximately 4 years before he passed. He was diagnosed with cancer in November of 2012 and prior to that everything you own he had funds in a Schwab account approximately $498 thousand dollars. And the home in question and other items inside the house that were of value. My dad and I weren't really close we didn't have problems we just didn't talk a lot I was gone a lot cuz I didn't like being at home in my age but had to move home because the situation where I lived he was very close with my daughter extremely close he told her everything they talked about everything she was in high school at the time I think 11th grade. After he was diagnosed with the cancer and prior to finding out the severity of it he started speaking out about changing his trust . The home was in a trust and everything else was outside it. It's spoken to my daughter first and told her his intention of splitting the Schwab account sign evenly which is always been 50-50 with me and my brother reflecting giving my brother a larger amount and giving the home to me and my daughter for us to stay and live in and fortunately for my brother at the time the home value was very Lowe's December of 2012 I believe it was around $197,000 approximately. He also spoke with my brother and make sure that it was okay with him my brother was fine with that as he owned his home in Santa Rosa and was doing well he was married and they both have great jobs I also worked I did get my father money we had no rental agreement I just give him money whenever he was fine with that after that when he found out that his cancer was treatable if not curable He apparently went to Charles Schwab where the funds are located and split the accounts giving my brother approx.$299,000 , and approx. 135,000 as the Distribution off my account of $6,000 to my daughter as a growth fund for herself he had also mentioned to my daughter he was setting up an account for her to pay the bills at the home for about a year cuz he wanted her to get used to being an adult and being responsible and admittedly at the time prior to this I had been acting a little irresponsible not coming around the house a lot and just being out and gone so that's why he was so close with her and he was trusting her. I am kind of speaking as a third person here as my father never had the chance to tell me himself of his intentions, when he spoke with my daughter he asked her not to say anything to me cuz he wanted to speak with me himself she asked him had he told my brother and he replied yes he did. He had a form of lymphoma which most of the cells of lymph nodes with cancer were in his abdomen and he was in a lot of pain he was sick almost all of December and in the bed most of the time we're going to doctors appointments. My daughter and I went with him to his first appointment with his oncologist who told him the good news of it not spreading that was on December 21st I believe he was scheduled to do his first chemo session in the beginning of January which they said after that he would be feeling much better the pain subsided he would be fine 3 days after the chemo appointment he was in the hospital 9 days after that he was dead it was very tragic and unexpected. He went through two surgeries the first surgery he was not expected even make it through per the surgeon but he did , though he didn't come out right he could not communicate , I know he knew what he wanted to say but he couldn't actually say things the only person he wanted to see was me and he wanted to tell me something but was unable to. My brother came to see him I think once while he was in the hospital and after the second surgery they left the breathing tube in him and he was suffering and I had to make the decision to take the tube out of him and let him go as I was power attorney for his Medical also his finances I was successor trustee and executor of the trust at that time. My brother is this kind of person he couldn't even be bothered to come say goodbye to my father when he died. Shortly after approximately made 2 days my brother went to Charles Schwab to find out how much money he was getting he came to the house with his son and wife and we proceeded to look for the trust together cuz we didn't know where it was as this was all not expected we went through a safe that he had we split up everything about his of his possessions in the house he had some guns that we split I gave my brother First Choice and then my dad had a grudge full of tools worth I don't know how much money I told my brother to come back and take what he wanted which he did I'm assuming he took maybe about $50,000 if not more which I didn't care and the time he came down to get the tools when I got home from work he was there and he said he'd been to Charles Schwab and wanted to know if I wanted to know how much money I got.
Customer reply replied 3 months ago
I would like a call as this is a very long and complicated situation about the charge I was just wondering is that on top of the other $59 or is it just 59 or what is it just wondering
Customer reply replied 3 months ago
Also I am not at home right now I could get a call later maybe in an hour or so when I am home cuz I do have files I could send you so maybe you could get a better understanding of this
Estate Lawyer: DamienJD, Attorney replied 3 months ago

You can contact customer service about the payment structure but I believe the $59 is on top of what you paid for the question. When you are ready for a phone call, you can request it and we can arrange a time to speak.

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Customer reply replied 3 months ago
Ok thank you. And will I be speaking with you?
Estate Lawyer: DamienJD, Attorney replied 3 months ago

Yes. You would be speaking to me. The only way you would not speak to me is if by chance you request the phone call when I am not online.

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Customer reply replied 3 months ago
Okay I will try to make sure you're online when I call and like I said I want to go home just in case you need to look at anything and I can send you files or information or whatever you need so it's right in front of me look forward to speaking with you
Estate Lawyer: DamienJD, Attorney replied 3 months ago

Okay. Just a note, remember that Just Answer is not a law firm, so it cannot represent you in any matter. There is no attorney-client relationship. You would still have to hire a local attorney if you wanted an attorney. We can, though, discuss the issues with you.

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Customer reply replied 3 months ago
But you are an estate attorney correct?
Estate Lawyer: DamienJD, Attorney replied 3 months ago

Yes. I handle Trusts & Estates. Just Answer is for general questions about Trusts & Estates among other areas of law.

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