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kaykay25

Head Injury

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Hello, My question is , I have been seeing a Neurologist and one of the problems I found out that I have with my head is from trauma / being hit in my head a lot as a child growing up. My father was my abuser and he just passed away a few years ago. He had a wife who was still living in his home who just recently moved out of the home that my father owned to live with her daughter and now has the house up for sale. My question is can I legaly take the house and sell it myself and use the money to pay my medical bills seeing that my father has caused this hardship on me with my head Injury ?

Edited by FindLaw_Kevin
This post has been edited to remove personal or identifying information. - Moderator

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No, you can not sell someone else's home and collect the profits because their former spouse caused you harm. If the house was left to you by your father, then you could sell it but if it belongs legally to your stepmother, it is hers to do with as she pleases. You have no claim against her or her property.

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Are you the owner of the house?  If so, you're obviously free to sell it.  If not, then, in order to sell it, you would have to acquire title or a lien that allows you to sell it.

 

Your reference to your father's wife suggests that she is not your mother.  Correct?  Have you approached this woman about acquiring title to the house?

 

I suspect that your stepmother is the legal owner of the house and that your "real" question is whether you have any sort of viable legal claim against her because of your father's abuse.  In order to answer that, we would need at least the following additional information:

 

1. In what state do you live?

 

2. In what state did the abuse occur?

 

3. How old were you when the abuse occurred?

 

4. How old are you now?

 

5. Is there any evidence of the abuse other than your testimony?

 

6. Did your stepmother participate in the abuse or, if not, was she aware of the abuse at the time it happened?

 

7. When exactly did your father die?

 

8. In what state was your father living at the time of his death (and, if different, in what state is the house located)?

 

9. Why didn't you take any legal action against your father while he was still alive?

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Are you the owner of the house?  If so, you're obviously free to sell it.  If not, then, in order to sell it, you would have to acquire title or a lien that allows you to sell it.

 

Your reference to your father's wife suggests that she is not your mother.  Correct?  Have you approached this woman about acquiring title to the house?

 

I suspect that your stepmother is the legal owner of the house and that your "real" question is whether you have any sort of viable legal claim against her because of your father's abuse.  In order to answer that, we would need at least the following additional information:

 

1. In what state do you live?

 

2. In what state did the abuse occur?

 

3. How old were you when the abuse occurred?

 

4. How old are you now?

 

5. Is there any evidence of the abuse other than your testimony?

 

6. Did your stepmother participate in the abuse or, if not, was she aware of the abuse at the time it happened?

 

7. When exactly did your father die?

 

8. In what state was your father living at the time of his death (and, if different, in what state is the house located)?

 

9. Why didn't you take any legal action against your father while he was still alive?

My father passed away 2009 he lived in new jersey, no i left home at 16 when he started dating my stepmother. I did'nt report it because i tried to tell several times when I was younger but no one would listen.  I am now 54 yrs old I just found out about this problem recently and yes I have evidence. It's ok I was just asking the question I did'nt think that I could do it. I was young when the abuse started up until I turned 16 that's when I left home I was young when my mother passed away from cancer

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My father passed away 2009 he lived in new jersey, no i left home at 16 when he started dating my stepmother. I did'nt report it because i tried to tell several times when I was younger but no one would listen.  I am now 54 yrs old I just found out about this problem recently and yes I have evidence. It's ok I was just asking the question I did'nt think that I could do it. I was young when the abuse started up until I turned 16 that's when I left home I was young when my mother passed away from cancer

 

I'm sorry for the abuse you suffered at the hands of your father. I can understand wanting to look to his assets to help you pay the medical bills from the injuries he gave you. There are two problems with it, though. First, you’d have to sue his estate to get a judgment for the damages he caused you. The statute of limitations to do that under NJ law appears to have long since passed. Second, even if you got a judgment, it would do you no good as it is likely that his estate no longer has any assets. Most estates distribute all their assets and close probate in year or two. If all the assets have been distributed and the probate case closed, there won't be anything to which the judgment could attach. 

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My father passed away 2009 he lived in new jersey, no i left home at 16 when he started dating my stepmother. I did'nt report it because i tried to tell several times when I was younger but no one would listen.  I am now 54 yrs old I just found out about this problem recently and yes I have evidence. It's ok I was just asking the question I did'nt think that I could do it. I was young when the abuse started up until I turned 16 that's when I left home I was young when my mother passed away from cancer

 

No, you cannot successfully sue a person who had no connection to the abuse, which occurred roughly four decades or more ago.  Even if your father were still alive, it would be way too late to sue him successfully.

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