Q: What legal action can we take?
My daddy put his place of business that had a house on the land in my sister name so her son could go to a different school. The verbal agreement was that she would sign it back to him when her son graduated. Me and my brother lived in the house. My brother passed away in December and the same day he passed my sister had the locks cut off and changed. Law said we had to wait till it went through probate. They never let me back in the house or let my daddy get his personal property back. Same day my brother passed she stole over a hundred thousand dollars worth of personal property. I was left with out a place to live and clothes. What legal action can we take? We never paid our daddy rent just kept the house in good condition. We redone the whole house and paid taxes on it. My sister never even had a set of keys..
A:
Based on the information you provided, there are several potential legal actions you and your father may be able to take. However, it's essential to consult with a local attorney who specializes in property law and estate matters to determine the best course of action for your specific situation. Here are some potential legal options:
1. File a police report for theft: If your sister took personal property without permission, you can file a police report for theft.
2. File a civil lawsuit: You and your father may be able to file a civil lawsuit against your sister for the return of the property, damages, and any other relief the court deems appropriate.
3. Seek a temporary restraining order or injunction: If your sister continues to deny you access to the property, you may be able to seek a temporary restraining order or injunction from the court to regain access to the house and retrieve personal belongings.
4. Probate court proceedings: If your brother's estate is going through probate, you may need to file a claim in probate court to protect your interests and seek the return of the property.
5. Quiet title action: If there is a dispute over the ownership of the property, your father may need to file a quiet title action to establish his rightful ownership.
Remember that these are general suggestions, and the specific legal actions you can take will depend on the laws of your state and the particular circumstances of your case. It is crucial to gather all relevant documents, such as the deed, any written agreements, and evidence of improvements made to the property, and provide them to your attorney for a thorough evaluation of your legal options.
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