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My brother was killed about two weeks ago and i feel my dad…

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My brother was killed...

My brother was killed about two weeks ago and i feel my dad is pulling some kind of scam on me . my brother was in the union as a brick layer so i think there was death benefits and my dad is telling me that my brother gave my dads bosses wife power of attorney and i dont be-leave that to be true my dad gave my brother and i up to faster care when our mom died there is alot more to the story then just this but i would like to know how i can find out how to freeze my brothers assets until i can find out what is really going on cause i do not be-leave my brother would give this person that kind of power my brother was 25 and healthy and he got into a fight and was beaten and put into a coma and my dad was going to take him off life support on my birthday and was talked out of it by my ant so that just a little bit on how my dad is and i ask my dad questions about my brother and he totally side steps the answers and then he will give me some kind of answer that has nothing to do with what i ask him my dad gave me and my brother up to foster care when our mother died years ago and our grand parents finally took us and raised us im now 21 as of November 1 so im an adult and i think my dad thinks im dumb cause of other circumstances in my life i would like to know how i can freeze my brothers assets untill this is all worked out the guy i live with said he can help me with a little bit on a lawyer to try to figure things out so if you could please tell me what i should do i would be very greatfull in the advice you give me and what direction i should go to get an attorny to figure this all out thank you very much Angelina Rabanal

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

Washington ,Seattle

Lawyer's Assistant: What documents or supporting evidence do you have?

None and my dad wont give me a straight answer on anything

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just know my dad and how he is if there is away to scam me out of anything then he will try i do not be-leave my brother would sign power of attorney over to this person

Submitted: 5 months ago.Category: Legal
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Answered in 9 minutes by:
11/10/2017
Lawyer: Dwayne B., Attorney replied 5 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 5 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Lawyer: Dwayne B., Attorney replied 5 months ago

You can't really "freeze the assets" but what you can do is, first, hire a lawyer and file for probate of your brother's estate and then within that estate have the probate court appoint you as executor to gather assets, issue orders to turn over all assets to you for placing with the court, and provide information on any insurance policies, wrongful death benefits, etc. Then, you can see whether you are actually entitled to any property or funds left by your brother.

The second option is to hire a lawyer and just file for an injunction preventing anyone from distributing any assets and requiring them to hold the assets where they are, You do this through an injunction and it works essentially the same as the first option, but you can go through any court and if you find assets then you still have to go through step one, which makes it less cost effective to use this method.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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