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Mother passed october 13 2011 she has 6 children 5 are in a court battle over property i want to know how i can get involed

Boston, MA |

three siblings are taking the other two siblings to court over her property. i am the 6 sibling not involed in the case. there was acourt order not to sell are remove property from home. two siblings removed all property. what can i do to get involed so the judge knows they violated court order.

Attorney Answers 7


  1. I think you need to speak with an attorney immediately. If she passed away without a Will somebody must petition the court to be appointed the Administrator. They can protect the estate from what is going on by relying on Massachusetts law. Eventually the estate should be distributed in an orderly manner. in the meantime, anyone who takes property from the home may need to account for it or be liable to the estate for the fair market value of what was taken.

    Speak with a lawyer today. Good luck.

    Christopher Fein
    www.feinlawoffice.com

    The content of this message does not constitute legal advice and is not intended to be relied upon by anyone. It is highly recommended that the reader seek the opinion of a qualified attorney in his or her area for consultation and assistance. There are applicable statute of limitations and other considerations that only a qualified attorney can provide guidance on after being fully informed as to all of the circumstance of your particular case.


  2. I suggest that you contact the attorney who asked the court to issue the order and advise him that the order is being violated. The attorney will then bring the issue to the judge's attention if it appears that there are facts to back up your claim.

    E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.


  3. I am sorry for your loss.

    In light of the fact there is a Court Order in place, I suggest reviewing the order and writing a letter to the Court informing them of the violation of the order. Certainly the attorney who was instrumental in obtaining the Court Order could assist you in this respect or you can retain counsel for yourself, or you can act pro se and do it yourself.

    In light of the fact that your mother passed nearly a year ago, and the fact that there has been this Court Order in place, I imagine that someone has been appointed Executor or Administrator for the estate. That person really needs to step up and protect the assets of the estate as they could be personally liable for the inaction that they are taking. Good Luck.

    *** LEGAL DISCLAIMER I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Reading.. My practice is focused in the areas of elder law, estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state.


  4. Hi

    Get an attorney ASAP. Attorney will know how to intervene and press your interest. Good luck.

    Steve Coren.

    This answer does not consitute legal advice and does not create an attorney-client relationship. The answer is based only on the facts presented. This answer is basd only on Massachusetts law.


  5. To echo the advice of my colleagues, you need to speak with a probate litigation attorney who can help guide you through the process.

    I wish you all the best.


  6. Echoing the answers of the other attorneys, where there are "sides" already "lawyered up", you may find your interests align very closely with one side or the other, and that if this is the case, you may find that you can piggyback on someone else's attorney. The caveat is that they are paying the legal bills, and the attorney is only representing them, and not you. There may be situations where you'd be willing to fight, but they aren't, or vice versa. As long as you are aware of the risks, you may choose not to have your own counsel, or you could engage counsel for a limited purpose. As far as the specific question is concerned, you certainly could a.) advise the attorney who sought the order, and b.) as a pro se, write to the court.

    Good luck!


  7. ASKER BEWARE the answer of Mr. Lazarus. It is identical to solicitations posted in a number questions today, inappropriate to your needs, and a terms of use violation. Avvo has been notified

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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