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Personal Property Dispute After Death in the Family?

October 20, 2016

My mother died, left everything to my little brother, and he appointed his oldest daughter power of attorney and executor of the will. None of this part of the family will give me any information whatsoever. Since, he has destroyed hundreds of dollars worth of my property within the home, and all without my knowledge, "he says" he can destroy what I have left in the home, "since probate is over", he has given me an ultimatum. Get the rest of my belongings out, or he will destroy them as well.

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Can he do this, since I need a small window of time, just to clear a spot in my home to put the rest of what belongs to me, that remains in the home?

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Bronze Answer Medal for All Time! 220 Answers
October 21, 20160 found this helpful
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Unfortunately, I think you should retain an attorney to protect your interests in this sad situation. The attorney you choose should specialize in estate and POA matters and should not be connected to your problem in any way. Initially, your attorney can send a letter to your brother to stop all action on anything in the house, etc., that may be yours or of interest to you and set a time that you can access the house to recover all items you believe are yours. The attorney can also file suit for all actions your brother has taken to prevent access to the house and return all items, etc., that are yours.

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This is a difficult and emotional time for all involved; please keep your emotions in check (your attorney will handle the affairs) and a clear plan to accomplish your goals.

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Gold Feedback Medal for All Time! 949 Feedbacks
October 22, 20160 found this helpful
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This sounds like this "battle" did not just begin but maybe has been going on for a while.
An attorney is probably a good idea but why not get a crew together, rent a storage temporarily, rent a uhaul, contact the local police department and request an escort, (in case there is a problem), move your belongings and deal with anything else after this is done?

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Just a thought...

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Bronze Answer Medal for All Time! 220 Answers
October 23, 20160 found this helpful
Best Answer

NB:
Before you try a surprise attack, please discuss the problem with your local police department as they may not want to be involved, even as an escort. Even if you are able to gain access to the house, you may have a problem locating exactly what you want and your brother may cause additional problems.

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Business and Legal Legal General AdviceNovember 9, 2016
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