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I have a problem with my brother, although he has not been…

Customer Question
I have a problem...

I have a problem with my brother, although he has not been able to enforce a POA, he barred my entry. barred entry and exit of any possession including my private property by presenting a "pending" POA.When I told one of the family that police could escort me into the condo to retrieve my property, my brother eventually -- in 4 four days withdrew this command. What can I do?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, I'm seeing a lawyer this week with the POA, trust document and will. I'm not familiar with all my rights. My brother has not included me in an healthcare decisions and has barred me from meeting with my father's financial advisor-- when I ask him how much money is in dad's retirement funds that have been rolled into the trust-- he always says that it's enough-- not giving a number. I'm to be co-trustee.

Lawyer's Assistant: Where is the condo located?

Customer:*****Apt 15 I

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

Miami Beach Do 33141

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/20/2018
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,136
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Has father (i assume) passed away?

Do you have a copy of any trust?

.

Does it name you as a co-trustee?

.

What is your legal question I can help with?

.

.

thanks

Barrister

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Customer reply replied 1 month ago
My father is alive and has not been declared incapacitated. I have copies of all three documents. Is it possible to sue the Association for an infraction?
Customer reply replied 1 month ago
I'm co-trustee
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Ok, why would you sue an Association here? I thought it was brother causing the problems..

.

And does anyone actually have a valid POA for father or not?... a "pending POA" means absolutely nothing legally. And a will doesn't do anything until the maker dies..

.

So if there is a trust in place here, and there are assets that have been placed into the trust, then you have a legal right to all the information about the trust if you are a co-trustee. If you are a "successor trustee" then you do not.

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Customer reply replied 1 month ago
by accepting a non- binding bullshit POA and enforcing it, and barring my entrance, can I not sue the Association?
Customer reply replied 1 month ago
I'm in contact with another attorney regarding my rights as co-trustee, the condo and retirement funds have been rolled into the trust. My brother who might be able to enforce the POA this week is a bully
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Do you actually live wherever you were trying to get into... father's residence, I assume?

.

Why were you trying to get into the place?

.

Who actually physically prevented you from entering?

.

There are big parts of the story that I am having to guess at and it is kind of like starting to read a book from the middle..

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Customer reply replied 1 month ago
I'm.my father's caregiver and lived part -time with him
My address is registered in this address. My father gave me permission to do minor renovations, live there and pay rent
My father is currently living with a niece who is caring for him. I was about to do organize a move, when my brother presented the bogus POA.to the Association, they barred me from entering my father's condo.
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Ok, when you say "barred", what do you mean? Did someone physically prevent you from entering? Or did they tell you that you couldn't enter the property?

.

I am trying to figure out exactly what they did that might be actionable by you..

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Customer reply replied 1 month ago
I was told on the phone on Thursday and Friday that per my father and brother I could not enter the actual unit and could neither bring anything in nor take anything out. It was to prevent me access. My brother wants to sell the condo asap.
Customer reply replied 1 month ago
After dad dies, my brother could sell me his half to me but refuses to. (out of spite).Not sure of my rights. He wants to sell it from under me and claim he's doing so its in my father's interests.
Real Estate Lawyer: Barrister, Lawyer replied 1 month ago

Ok telling you on the phone is not barring you... you could still have gone there and freely entered. If they told you no, and you just agreed to not go, that isn't barring you because you had a legal right to be there if you were living there with father's permission..

.

You don't have to do what people tell you if you are in the right and they are not... So I don't see anything actionable there..

.

If you wanted to purchase the condo after father passes, then you could force a sale of it by filing a "partition action" where a judge orders it sold at public auction to the highest bidder. Since you would already own half, you would only have to pay half of whatever the final bid was..

.

But if he is preventing you from accessing trust information, you may have to file suit against him in probate court for breach of contract and force him to appear in front of the judge so the judge can order him to provide any trust information to you..

.

.

thanks

Barrister

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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,136
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Experience: 17 years real estate, Realtor. Landlord 26 years

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