Looking for lawyer to apply to courts for relief to pay incurred legal fees for mother's intestate affairs. Domicile BC,

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Customer: Sir, looking for lawyer to apply to courts for relief to pay incurred legal fees for mother's intestate affairs. Domicile BC, Locksmith and security business. Fort Mcmurray, AB.
JA: What state is the locksmith in? It matters because laws vary by location.
Customer: Last remaining sibling , in 22 months, 6 attempts with lawyers on various levels, refuses to engage and is in possession of that half of estate. Sorry, is this for USA ? I need Canada.
JA: What steps have they taken so far?
Customer: He doesn't want me to administer, posturing no action, slanders me, libel, defamation to the lawyers. Lawyers would rather deal with lawyers, of course. They give him time to see one, he doesn't. He make another appointment, he doesn't.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: 6th lawyer agrees to represent without thousands, October 2021 until 2 weeks ago tried to engage. Application is on his desk, ready to file. Because my brother wont cooperate, they want their incurred fees now to proceed. Customer: Chat is completed

Answered by Debra in 31 mins 1 year ago

Debra

10+ years of experience

172532 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra

172532 Satisfied customers

10+ years of experience

Debra

10+ years of experience

172532 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer

Hello

Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

Sometimes responses and replies take time, so I ask you to be courteous and patient to allow me the time to type answers to you and also to others. At times I may even have to do some research.

I am sorry for your loss and to hear of this difficult situation.

Why can't you apply on your own?

Customer

This situation has already cost me everything.

Debra, Expert

But if your brother doesn't want to act can't you do that yourself.

Customer

I tried 3 times. Everything had to be done in BC. Every time I attempt he would call RCMP saying I was harassing him. I am uneducated in this mess and I truly tried. I live in Calgary and disabled.

Customer

He had one lawyer send letter to courthouse, wrong procedure, He sent email that we can do this together. I send him what I have, what I have done, what we need. So I wait. I call every number, use every email, every form of directions given. He calls police. Criminal harassment if it continues. All emails, no form of harrassment.

Customer

I tried to educate myself while maintaining her rat infected home, learning brother embezzled company.

Customer

I am suffering mentally on such a horrible level from his slander, libel, defamation to lawyers, property management, and strangers. We have no relationship. The only thing changed, our mother passed without a will.

Customer

I was told I had bad lawyers, keep trying, walk away, debt incurred doesn't go away.

Debra, Expert

So what do you want to see happen?

Customer

I maintained and secured house as best I could. Property Management inspected, opened all closed doors, took away barriers and left crawl space door to dirt and mother nature. Entire house is covered in rat feces.

Customer

Left crawl space door wide open...

Debra, Expert

But what legal information are you looking for from me please?

Customer

I don't know. House judicial sale, possession feb 10, 11th hour to come here and do something and walk into a rat infested home. No body taking responsibility for leaving doors opened, broken crystal, glass box smashed, not photographed but thrown out. And I had 10 months.

Debra, Expert

But what legal information are you looking for from me please?

Customer

I had 22 months, beginning same day as covid, bc forest fires and flooding. I am not fortunate to have friends and family who can help. I have nothing left. I have no money to stop it. The vultures and thieves are circling. This is humiliation at it's finest. My mother died sick, poor and desperate because of him.

Customer

I don’t ask the right questions and nothing is volunteered.

Debra, Expert

Do you know what you need to do next in the legal proceedings?

Customer

Pay the lawyer's incurred fees so he will file my paperwork. He has it. Took 22 months to get it ready and now held hostage.

Customer

I'm sorry, I understand the game but what a kick to the face.

Customer

My brother is oblivious to what he has caused.

Customer

I have so much self-incriminating documents and communications from him and I can't stop him.

Customer

$3800 for emails back and forth, me jumping through hoops to do what I can to send information to them and my brother telling property management that I can't keep a lawyer, how he failed his parents and family. He then addressed the last of the email to me, directly. Horribly humiliating and ending with "rot in hell".
I don’t know what to do.

Debra, Expert

What is supposed to happen next with respect to the legal proceedings?

Customer

Remainder of purchase due on possession. I was told to go find another lawyer for 2500 to apply for relief.

Debra, Expert

So you were told you need a lawyer to fight for your inheritance?

Debra, Expert

Hi there, I am just following up on this question. I am unable to provide a detailed answer without more information.

Customer

Never mind his abuse, libel, slander and defamation, false reports to police.

Debra, Expert

Here is the answer to your query. Please do not hesitate to ask any follow up questions related to this response and know that I will respond as soon as I can.

There may be two lawsuits here. One relates to the inheritance. You have been advised strongly it seems by various lawyers that you need to find a lawyer to fight for the inheritance. If there's enough money involved it may be that the lawyer will take on your case on a contingency fee basis. That would mean you only pay them if you win.

With respect to a potential lawsuit relating to defamation that would be a separate matter and you would need a civil litigation lawyer. Again they may agree to take this on, on a contingency fee basis but it's not really as likely. You could ask your estate litigation lawyer if there is someone in their firm that would take this case on.

Does that help?

Customer

no. I don’t have any money left to pay anyone.

Debra, Expert

But I am suggesting that an estate litigation lawyer may agree to take this on a contingency fee basis so you don't pay unless you win.

Customer

My understanding was the administrative lawyer was to help get application ready, file and then their litigation lawyer would take over.

Debra, Expert

That could work if that is how they want to work.

Customer

Thet gave brother three months to get legal counsel, brother wouldn't agree to anything , showed true colors, Christmas set back, busy office... yes but 3800$ to clear accrued legal fees first.

Customer

They gave...

Customer

Home Judicial sale $553,000. If
maintained, today's market, $1,000,000+. $200,000 in fees and debts to be safe. Lots left over for legal fees. Brother started own company day after mother passed and registered the DBA of her company as his own as they had not. 20+ years of use. Not intellectual property? He has produced no legal documents and no legal occurrences authorizing him to do anything.

Debra, Expert

Then that is why you need to sue.

Customer

My brother?

Debra, Expert

Yes.

Customer

My claim points? For how much?

Debra, Expert

You have been telling me all along that your brother has fraudulently stolen the money from your mother's estate that goes partially to you. So that's what you'll be suing for.

Customer

Can I do that without letters of administration for estate? I only know of domicile numbers. Her company struck 16 months after death. Yet to be dissolved. No idea of it's value, of course. I can sue for known costs. Punitive damages?

Debra, Expert

I don't think you can sue for punitive damages. You can be applying to administer the estate and you can also sue your brother on your own or as administrator. But it's very complicated which is why everyone is telling you including me that you need a lawyer. You will not be able to do this on your own. There is no possibility speaking frankly.

Customer

Again, all my money is gone and then some. Estate lawyer for house mocked me for not having done myself, People do it everyday.

Customer

He said.... I would try on my own, be overcome with debilitating anxiety and depression. I suffer from PTSD due to childhood trauma. As, you have stated , there is no possibility to try alone. May I send you something?

Debra, Expert

Some people do self represent but not in all matters and not all people can do it and not when it's very complicated.

Customer

I was willing and capable to do what was needed. I live an island and a province away. As this progressed and the information, coming in, made picture, somewhat, clearer, the emotional, psychological and mental toll paralyzed me. I would keep reaching out but in the end, I have no money, I'm of no value.

Customer

Thank you Jennifer you all your help. There is nothing I can do to help this with all the contents. It's very clear I failed my parents and family. My sister has already taken a load of stuff from the house. Mostly mom's jewelry, which I'm ok with. Katrina amy and Austin are more then instilled to it. As for the rest of the stuff, it's at Katrina's decision what to do with it. I have been a mess up in the family as it is. She can settle everything else. All the contents of the house can be disposed of. There is nothing in I'm interested in.As for mom dad and Robert's ash's, Katrina can deal with them. I only wish they be brought to Halifax nova Scotia to be put at sea.Mom and dad met in Halifax and Robert was born there. My only wish is I never hear from my sister again. No messages. No phone calls no police check no nothing. That we go our own way.If anything regarding the estate is left over is divided 50 50 between us. Once this is over. I am alone. Again thank you Jennifer. I know the job you have is not an easy one. Jennifer, Much respect to you. Katrina. Do not ever contact me again. Via lawyers or family or friend. We are no longer brother and sister.You have given me nothing me nothing but stress and hate towards you and your family. By blood we have in common. In family we c are nothing. I will have a life time restraining order on you and family. May you rot in hell.

Customer

My brother sent to property management last week.

Debra, Expert

I am sorry to see that.

Customer

That is him being kind. What came before was atrocious.Suing my brother for estate issues can only be done with Letters of admin, yes? $3800 first. On my own, his treatment of me?
I guess my question is sue him personally for treatment, take money and pay legal fees?

Debra, Expert

You cannot sue him for treating you badly. That is not what the legal system is for. If he stole money from you you can sue him. If he stole money from the estate as a beneficiary you could sue him. If you're appointed as administrator you can sue him.

Customer

sue him as a beneficiary for unknown amount?

Debra, Expert

You cannot sue him for an unknown amount. You have to prove your case because you are the plaintive. So you have to prove that he did what you are alleging and you have to prove what damages you sustained. So you would have to give a ballpark figure for now and perhaps amend that figure later on.

Customer

I understand, lay out evidence, pick a number, subject to adjustments, and go from there .

Debra, Expert

Yes.

Customer

Thank you very much Debra. Thank you, thank you.

Debra, Expert

You are very welcome.

Customer

Take care .

Debra, Expert

You too.

Debra, Expert

Is there anything more I can help you with before I mark this question as complete?

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much!

Best wishes,

Debra

Customer

Hi, I may have questions later. Thank you.

Debra, Expert

You are very welcome.

Customer

Hi again,
To clarify, sue my brother as a beneficiary. Which province? BC where mother lived or AB where business and brother are? Or both?

Debra, Expert

Please start a new post. I can't answer here anymore. Be sure to put my name into the post please.

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