how much should a lawyer charge to help me recover my house that was stolen form me

What to do if someone steals from your estate or trust?

When an abuser steals from an estate, the penalty can be as little as simply returning the stolen monies or assets to the trust or estate. However, the California Probate Code does provide statutory bases for pursuing double damages, treble damages, punitive damages, disinheritance of the abuser, attorney’s fees and/or costs in egregious cases.

How much can my attorney charge me for legal fees?

Last year, a real estate business owner in southeast Los Angeles pled guilty to leading a scam that defrauded more than 100 homeowners and lenders out of …

How long does it take to recover stolen property from siblings?

Jun 14, 2017 · "They want $151 for the towing and $32 a day for storage," Willis said. She doesn't have the cash. “I can't afford that! I live paycheck to paycheck."

What happens when an abuser stole from an estate?

Feb 28, 2017 · Only an experienced lawyer can help you know if your claim is worth being pursued. If you believe you have such a claim in Texas and would like the opportunity to discuss it with a licensed attorney free of charge, call attorney Chris Parvin at (214) 974-8940. To learn more about probate litigation, you can visit our website here.

Can someone steal your inheritance?

Inheritance can be stolen by an executor, administrator, or a beneficiary, such as a sibling. It can also be stolen by someone who is not a family member, or a person completely unrelated to the estate.

What is inheritance theft?

Inheritance hijacking can be simply defined as inheritance theft — when a person steals what was intended to be left to another party. This phenomenon can manifest in a variety of ways, including the following: Someone exerts undue influence over a person and convinces them to name them an heir.

What happens if an executor does not follow the will Canada?

If the executor is truly incapable of acting, then the executor should resign and be replaced. The beneficiaries are entitled to a passing of accounts, and the courts rarely are terribly accommodating of executors who fail to honour this obligation.Dec 13, 2014

Can my brother steal my inheritance?

You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly.

How much does an estate have to be worth to go to probate?

Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.

How do you deal with greedy family members after death?

9 Tips for Dealing with Greedy Family Members After a DeathBe Honest. ... Look for Creative Compromises. ... Take Breaks from Each Other. ... Understand That You Can't Change Anyone. ... Remain Calm in Every Situation. ... Use “I” Statements and Avoid Blame. ... Be Gentle and Empathetic. ... Lay Ground Rules for Working Things Out.More items...•Jan 11, 2021

Do executors need to consult beneficiaries?

Executors have a duty to communicate with beneficiaries. If they are not doing so, you are entitled to take action. Schedule a free consultation with our probate lawyers to learn what you can do to enforce your rights as a beneficiary.

Do beneficiaries get a copy of the will?

All beneficiaries named in a will are entitled to receive a copy of it so they can understand what they'll be receiving from the estate and when they'll be receiving it. 4 If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf.

Can an executor withhold money from a beneficiary?

Executors can withhold monies from beneficiaries, though not arbitrarily. Beneficiaries may be unable or unwilling to receive a gift by a will. The executor's job is onerous and the time taken to execute a will may vary greatly.Oct 18, 2021

How do you resolve family conflict over inheritance?

Strategies parents can implement include expressing their wishes in a will, setting up a trust, using a non-sibling as executor or trustee, and giving gifts during their lifetime. After a parent dies, siblings can use a mediator, split the proceeds after liquidating assets, and defer to an independent fiduciary.

What makes a person steal from family?

Stealing may be caused by jealousy, low self-esteem, or peer-pressure. Social issues like feeling excluded or overlooked can also cause stealing. People may steal to prove their independence, to act out against family or friends, or because they don't respect others or themselves.

Should siblings receive the same inheritance?

Do all siblings have the same rights? When there is no will, all siblings have equal rights to an inheritance. However, if one sibling feels they should be awarded a larger distribution, they may seek to a portion of the estate through other means.

What happens if you find a stolen car?

After a stolen car is located, police can't just leave it where they found it waiting for the owner to come pick it up. "After [being unable to reach Willis], if something bad should happen, the car gets damaged or something like that, then they're going to be looking for somebody to recur the costs," Keller said.

Do police have to notify you when you get your car stolen?

RELATED: Police aren't required to notify you when they recover your stolen car - and often don't. Executive Officer Gary Keller with the South Salt Lake police says the officer who found Willis’ car attempted to call her but she didn’t answer. After a stolen car is located, police can't just leave it where they found it waiting for ...

What to do if you believe you are entitled to a share of an estate?

If you believe you are entitled to a share of an estate but feel that someone has unlawfully prohibited the receipt of your inheritance, you should ask an experienced probate attorney to review the facts of your case and provide you an opinion on your rights.

What does it mean to hire a lawyer without paying thousands of dollars?

Essentially, this means that some clients who could not otherwise pursue their claims have a method of hiring legal counsel without the up-front burden of paying a lawyer thousands of dollars. The law is usually very clear when it comes to what portions claimants are entitled to from a deceased person’s estate.

What is the limit for small claims court?

Small claims court. If the amount is $10,000 or less , or whatever limits your state’s small claims court allows for litigation, this might be your best option. No attorneys are allowed and you represent yourself with documentation, photos, contracts and other “evidence.”.

What does "rob Peter to pay Paul" mean?

In other words, they use the funds they collect from one customer to complete or pay for the job of another. It’s a dangerous way to run a business, but many contractors do it. For contractors who have walked off of your job, or are slow to complete certain phases of it, ...

How to file a complaint with the state licensing board?

There are three ways to file your complaint with the board (Phone numbers vary from state-to-state, so search for your state board online by searching on your state, and filing a licensing complaint): Call to have a Complaint Form mailed to you OR. Use the online complaint Form, OR. Download and Print a Complaint Form.

What to do if your sister steals from your estate?

If you suspect a sibling is stealing from an estate or trust in which you are a beneficiary, you very likely need the protection of a trust litigation attorney. Unfortunately, sibling theft is an all-too-common occurrence.

What to do if your brother steals your inheritance?

You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly. The odds of recovering your assets are much higher ...

How to protect inheritance from sibling?

We see this situation every day, and suggest the following: 1) Contact a trust attorney as soon as you suspect a sibling has stolen your inheritance, 2) Allow the trust attorney to protect you and handle the situation, 3) Know that we’ve seen many families go through this experience and go on to have healthy, productive, fruitful lives. ...

How long does it take to get your assets back?

The short answer is “yes, you can expect to get your assets back.”. At RMO, we have typically been able to recover stolen assets in six to twelve months, but sometimes sooner, in as little as 30 days. In many cases, the sibling who stole the assets will return them voluntarily after receiving a demand letter from an attorney outlining ...

Can a sibling be prosecuted for theft?

As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate. ...

Can you send your brother to jail?

While we don’t typically see clients who want to send their sibling to jail, it is a legal option. That said, the threat of criminal charges CANNOT be used as leverage to motivate a sibling who has stolen assets, to return those assets quickly, in your civil probate litigation matter.

Can you get proof that your brother stole?

No. Getting proof that a brother or sister is stealing is not your job. A trust litigation attorney will quarterback the investigation, due diligence and detective work required. Evidence disappears and memories fade, however, so the sooner you contact an experienced trust litigation attorney near you, the better.

What to do if you believe there is theft in a trust?

If you believe there is theft or misappropriation from a trust, you should also quickly speak with a trust litigation attorney. In order to try to get the assets back, formal legal actions through the courts should be instituted by an attorney.

What to do if there is no information provided by a personal representative in Florida?

There are Florida laws governing and guiding their roles to protect beneficiaries. If there is no information provided or no communication from the personal representative or trustee, then call a probate or trust litigation attorney.

How long do you have to contest a will in Florida?

There are inflexible deadlines between 20 and 90 days that must be met. Talk to a probate litigation attorney right away.

Who is involved in probate and trust litigation?

Probate and trust litigation may involve someone who is a personal representative or a trustee who improperly takes possession of property, assets, or who invests assets to the detriment of beneficiaries of a trust.

Can you get your stolen property back?

The quicker you act, the more likely some of the stolen assets may be recovered. However, there is no promise or certainty of getting assets returned. This is true of any case of alleged theft.

What happens if you don't collect a lawyer's fees?

Failure to collect a large legal fee can endanger the lawyer’s standing in his firm and within the larger legal or client community. Fee collection claims often lead to ethical complaints, and counterclaims for malpractice, fraud, breach of fiduciary duty, or breach of contract.

Where does a lawyer have to keep money?

Where money has been advanced in anticipation of future services, the lawyer is usually required to keep the money in a client trust account. The trust account money is considered property of the client in most jurisdictions. The lawyer has a right to withdraw the money after the fees are “earned” by the lawyer.

What is a lawyer's agreement?

Lawyers will often refer to agreements they have with clients, typically drafted by the lawyer at the beginning of the engagement, as evidence that a client agreed to certain payment terms. For example, there may be agreement as to hourly rates, staffing, or contemplated courses of action.

Why do lawyers give bonuses?

Despite this, lawyers often tell their clients they are entitled to a “bonus” over the agreed-upon fee because the matter has become more difficult than expected or because of an unexpectedly favorable result. It is common for such a lawyer to “negotiate” the increased fee in the middle of an engagement.

What to do if your lawyer is unwilling to discuss your bills?

If your lawyer is unwilling to discuss the bills, you should put your concerns in writing, and consider ending the relationship.

What happens if representation is over?

If the representation is over, you may feel compelled to pay outstanding bills, even if they are outrageous, since your lawyer is the last person you want as an adversary in litigation. You recognize that your lawyer possesses superior knowledge about the legal system that will determine any billing dispute.

What is not an hourly fee?

Unless specified in the retainer agreement or other agreement, you should not have hourly charges for non-legal personnel such as photocopy operators, secretaries, messengers, librarians or receptionists.