Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 21 days ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Customer reply replied 21 days 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 20 days ago
Is anyone gonna answer
Answered in 1 day by:
4/3/2018
Estate Lawyer: Josie-Mod,
 replied 19 days ago
Josie-Mod
Category: Estate Law
Satisfied Customers: 8
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!
Ask Your Own Estate Law Question
Customer reply replied 19 days ago
Il wait
Customer reply replied 18 days ago
The attorney i retained specializes in unlawful detainers not trust estate issues
Estate Lawyer: Damien Bosco, Attorney replied 18 days ago
Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 4,196
Experience: Helping you with your legal questions.
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?

Ask Your Own Estate Law Question
Customer reply replied 18 days 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 18 days 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 18 days 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: Damien Bosco, Attorney replied 18 days 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.

Ask Your Own Estate Law Question
Customer reply replied 18 days ago
Ok thank you. And will I be speaking with you?
Estate Lawyer: Damien Bosco, Attorney replied 18 days 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.

Ask Your Own Estate Law Question
Customer reply replied 18 days 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: Damien Bosco, Attorney replied 18 days 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.

Ask Your Own Estate Law Question
Customer reply replied 18 days ago
But you are an estate attorney correct?
Estate Lawyer: Damien Bosco, Attorney replied 18 days ago

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

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3,170
3,170 Satisfied Customers
Experience: Wills, Trusts, Probate & other Estate Matters

Thomas McJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,488 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
If a person is the beneficiary of an estate and receives an
If a person is the beneficiary of an estate and receives an inheritance from the estate is the distribution taxable… read more
Expert James
Expert James
Doctoral Degree
11,981 satisfied customers
This is a matter of a life estate. There are disagreements
This is a matter of a life estate. There are disagreements over the following: Beneficiaries listed above (in attachment) think they are entitled to a portion of the property My understanding is that … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
My husband is on a will for an estate that has issues and
my husband is on a will for an estate that has issues and does not want anything to do with the estate, can he just sign it away? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If the trustee of an estate wants to purchase the home that
If the trustee of an estate wants to purchase the home that is part of the estate do you typically lower the selling price by 7% to allow for the relator fees that you will save by not listing the hom… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a conservator is appointed over the Estate by a Judge,
If a conservator is appointed over the Estate by a Judge, What rights does the successor trustee have? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
In settling the estate in Wisconsin the Will states the
In settling the estate in Wisconsin the Will states the house is dequested to the first party and the remainder goes to the executor. The value in the estate lies primary in the house (65% of the mort… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
Can I use a small estate affidavit if the estate worth
Can I use a small estate affidavit if the estate worth including mobile home and lot is less than 50k ? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What is the role of the Administrator of an Estate where
What is the role of the Administrator of an Estate where their is a sole beneficiary? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
804 satisfied customers
California Estate Taxes - how soon is the estate responsible
California Estate Taxes - how soon is the estate responsible for filing an estate as of death taxes?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Regarding estate law: my brother's my mother's estate
Regarding estate law: my brother's my mother's estate executor, and as I recently found out a co-owner of her sole bank account (ugh). I'm otherwise a beneficiary on the account. My brother's giving m… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
804 satisfied customers
Estate Cases. Need a Lawyer who is current on. +Estate in
The deadline is near ,need help.It's about our Mother and her death ,propertys… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,687 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
As the beneficiary of an estate, the attorney of the
Second opinion] As the beneficiary of an estate, the attorney of the Independent Executor asked me to sign a "Waver of Notice Pursuant to Texas Estates Code Sec. 308.002", waving my right to receive n… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am an executrix of an estate. We are selling Real Estate.
I am an executrix of an estate. We are selling Real Estate. I was notified that in order to get Title Insurance the insurance company needs me to fill our a questionnaire. They are asking if Fed/State… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
The executrix of my aunt's estate sold the real estate and
The executrix of my aunt's estate sold the real estate and didn't inform the beneficiarys or make any payments as the will instructed. … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x