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James Jones

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  1. The disabled family member is not incompetent. Certain heirs / family members are not being allowed to enter and remove their personal belongings at the home and these items do not belong to the estate. We have now decided to hire an attorney and we have spoken with the police. I will end it by saying the actions of the evil sibling against the other heirs, including a disabled heir, amount to four felonies and may be prosecuted as such. It is just a sad case that should have been simple, but when one heir takes everything (future constructive fraud suit) and takes personal belongings of others and will not assist them to merely get their things, it becomes a court case. Most can remember a few simple things left there but the disabled heir can't remember everything placed there and can't make a list, etc. Even those of us with normal memory are not sure, and one heir in the military was young at the time and does not remember things stored there. Most families work together and don't end up in court, but some do.
  2. The Court has appointed an attorney to be over the estate. The disabled person is an heir. Since this attorney is providing services based on a court appointment (and has a responsibility to all of the heirs) he is discriminating against the disabled heir by not allowing this heir to find their personal belongings that they can't name or list due to memory list. The personal belongings are not part of the estate. I think just reporting the items as being stolen would be simpler.
  3. You must not have read other posts. It has nothing to do with a will, etc. Might want to read other posts.
  4. I strongly disagree as it did come into play with other actions in this entire guardianship and now estate debacle. Again, it involves court actions. Are you aware of the federal laws and are you a lawyer?
  5. All brain injuries are different. It depends on the area of the brain that is damaged. That family member is competent to file something something to a clerk of court with other family members who have lost items. But I think the direction we are going now is theft of personal property by family members and the lawyer over the estate. The court filing will have to follow the ADA .
  6. The house was sold while dad was alive but the evil sibling had him declared incompetent and took control of him (done at a hearing the rest were not notified about). We were not aware life estates could be sold before the person died. Dad had no idea. We were also mostly blocked from seeing him and speaking with him. But to hire a lawyer when the court appointed a lawyer over the estate seems a bit extreme. The disabled family member can't afford a lawyer and has the most to lose. We will help the disabled member file something pro-se and sue for belongings that have not been returned. The problem remains that the brain injured family member does not know what was in the house. We will also report it as a theft to police. We have been unable to get copies of pictures, family pictures, especially formal portraits of the family over the years. So stupid that the court will not order that the sibling who owns the house let the disabled family member look for their things and at least write them down. We will write a book on this one day. We were thinking the court had to abide by the ADA.
  7. I had personal items stored at my parent's house. I had lived there before I married. Between moves I and other family members stored our possessions there. One family member is disabled with a brain injury and can't remember what items are there but can recognize them if allowed to view items in the house. The problem is that my dad's life estate (mom had died earlier) was sold before his death and most of the heirs were not notified as the sibling who has managed to take off with everything bought the life estate for almost nothing. This sibling and his lawyer wife have pulled more stunts and filed more papers than most have ever seen! All of this was done to knock out the rest of the heirs from getting a single thing. Since the rest of us were not notified our personal things became stuck with said sibling calling the house his and he won't let anyone in the house. He went as far as claiming dad was homeless and threw him in a nursing home where he died. When he died the sibling claimed everything in the house belonged to him. We have been unable to get our personal belongings back. What we have been put through is crazy. We are required to prove ownership via pictures, etc. even though this sibling knows who the things belong to...... But the disabled family member has little memory of what is there and is not allowed to look or even enter the house to look and just make a list. The courts put a lawyer over the estate itself but even this lawyer is unable to let family gain entrance to just list the things that they see and remember. This just seems wrong and is evil. But the personal items have value and and some have much sentimental value. No one dreamed the family would be this evil. What can be done in NC, especially for the disabled family member to gain access to just look and list belongings. Most have names in them, yet some things are already missing. It would seem this would be a violation of the ADA since this family member can't remember what was placed there. What to do? I want my things too as I have several items there also. We have been trying for years to get our personal belongings. It would seem that the estate could be charged with theft or stealing since they will not return our belongings? I know most families work these situations out but not my family. It is all about one person having the power to take it all and kill dad along the way. We fought in court to get dad to live with family but this sibling kept fighting us and dad was stuck and died in the nursing home before we could get him out. NC guardianship laws did not protect him at all. People with money win in NC courts. Clerks of superior court should never ever be over guardianship proceedings. But what can we do?
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