Q: I have a question about my property being released to estranged family, while my truck impounded.
A wealthy family that did not live local had grandsons care for their father. The grandfather gave my husband guns and jewelry that he said his daughters were not getting it this time because they stole all their mothers belongings when he remarried soon after her death. The items in question were in my husband's truck and I had been pulled over multiple times by the police without a ticket being issues or sometimes a ticket was issued. On, February 20, 2009 I was arrested and truck impounded. We had valuable contents inside the truck. The family filed ex parte order and we filed a claim against the probate estate. The judge ordered for it to be released to the executor of estate to protect and preserve until things could be decided. She distributed the property violating order all the while when we have receipts to prove purchase of hundreds and hundreds of dollars of coins, and other items. We have yet to get anyone to assist with these issues. There are more just too much to type.
A:
In your situation, where property from an impounded vehicle was released to an executor and then allegedly distributed in violation of a court order, there are a few legal avenues you could explore. First, it's important to review the judge's order regarding the release of property. If the executor distributed the property contrary to this order, it could be a case of contempt of court.
You mentioned filing a claim against the probate estate, which is an appropriate step if you believe the items rightfully belong to you or your husband. Keep all receipts and any other evidence you have to support your claim. This documentation will be crucial in proving the origin and ownership of the items.
If the executor has acted inappropriately or against the interests of the estate, beneficiaries, or rightful owners, you may have grounds to challenge their actions in court. Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries, and failure to do so can be legally actionable.
Since this situation involves multiple complex legal issues, including property rights, probate law, and potentially criminal law regarding the impoundment of the truck, seeking legal representation would be advisable. A lawyer can help navigate these complexities and work towards a resolution. Remember, your rights and interests in this situation need to be actively protected, and legal guidance can be invaluable in such scenarios.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
