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Temporary Restraining Order question?

Houston, TX |

If you are suing a sibling for rightful inheritance, and that sibling does a quit claim deed within a couple of days of your father passing, (while your father was dying with hospice care) can you place a restraining order or some type of order on your sibling to remove them from the home while you are suing them for your inheritance? This sibling also put our father's cars in their name as well.

We know that our father did not or was not able to sign any documents for this to happen, but our sibling took advantage of him. I need to know how to get my sibling out of his house and to stop driving his vehicles.

Attorney Answers 3

  1. You can put a lis pendens on the property to prevent a sale and get a temporary administrator appointed to take control of the assets.

  2. I do not think they would grant a restraining order. The only way this would be likely is if your sibling was actively trying to sell the assets. Otherwise, there are monetary damages available, so the court would probably not give you injunctive relief. You might be able to get an estate open and have an executor or administrator appointed, pretty quickly.

    If your sibling had the deed set up through an attorney, you will need compelling evidence to set it aside. I would get all of your father's medical records that you can get a hold of, right away. Your attorney will need to see them. And you WILL need a very good probate litigation attorney to assist you with this.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of 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. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

  3. You didn't mention in your fact pattern how your sibling was able to accomplish executing a quit claim deed or transferring title to the vehicles. Did your sibling have a power of attorney? When was it executed? Did your father have the capacity to execute any such documents? These are some of the issues that immediately come to mind. You need to take all of our documentation to a qualified probate attorney with litigation experience in your area. After a thorough and careful review, the attorney should be able to provide you with guidance on how to proceed.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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