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.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

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.

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