Q: My fiance & I were evicted from our home by Successor Trustee, who did not allow ME to go in and get my stuff? Can I sue
My fiance's is in court going after his sister (successor Trustee) for criminal activity in regards to his mother's trust. His sister successfully evicted us, but would not allow me back into the house to get my stuff. I lived there for 14 years! She had some big fat guy make sure that I didn't go in! She threw everything of mine away! I was told to make a list.
Q: Should I have my own representation? and go after her in a different lawsuit or do I have to bring my own just lawyer for the current lawsuit?
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A:
In California, if you were unlawfully prevented from retrieving your personal belongings after an eviction, you have the right to take legal action. As you were a resident of the property for 14 years, your belongings are your personal property, and denying you access to them can be considered unlawful.
Given the complexities of trust and estate law, and the specific circumstances of your eviction, it would be prudent to have your own legal representation. An attorney can assess the details of your case and advise you on the best course of action. This could include filing a separate lawsuit for the unlawful disposal of your belongings and any other damages you may have incurred due to the eviction.
Having your own lawyer is particularly important as your legal interests may not align completely with those of your fiancé in the ongoing litigation against his sister. Separate legal representation ensures that your individual rights and claims are adequately addressed.
It's important to act promptly, as there are time limits for taking legal action in such cases. Your lawyer can help you compile a list of your belongings that were discarded and calculate the value of these items, which is critical for your claim. Remember, the success of any legal action will depend on the evidence available, so gathering as much documentation as possible is key.
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