• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question for Advisor

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

W

womanpower

Guest
This question is for Advisor, please. Advisor, I have written before from the State of Louisiana. As stated, I am the Executrix of Mother's succession. I have a brother who is on probation and has a criminal record as long as my arm. He began threatening, harrassing, and using extremely vulgar language to me by phone, then mail, then over the internet (to my office). He called one of my co-workers and has mailed profane letters to my place of business. He even E-Mailed my CEO in a different town (our home office) and bothered him. Accessed him through the web, I think.

All of his call, threats, etc. had to do with "injustices" he feels have been perptrated against him by myself as Executrix. My attorney had me file a TRO, which was dismissed, as it is not legal against siblings. The attorney was supposed to follow up with an injunction and did not. He told the Judge that he was, and he also stated in a letter to brother's probation office that injuction was in process. He never did this, nor did he ever sign on down at the Courthouse as succession attorney. (this is included in Brother's reasons why I need to be removed as Executrix). I have in writing another letter from him, stating that he represents me in the Succession.

When I found that the injuction was not in place, I again spoke to my Brother's probation officer and he advised that I would have to file criminal charges so that they could take some action. I did so, and charges were accepted by the DA. Brother will go to trial in May.

Brother is now on his fourth attorney (had the attorney subpoena me). I contacted this attorney also, and provided him with all information that I had already provided to the other three attorneys and to the Courthouse. Of course, the attorney cancelled the court date/subpoena accordingly.

I offered (to Brother's ) attorney to file a partial partition, letting him come into his property, pending the outcome of other ongoing issue in the succession (I go over this in my previous mail to you).

Anyway, Brother is now using the Courts to harrass me. The DA does not know this, and the Succession Judge does not know that charges have been filed with the DA. I need to stop my brother from continuing this behavior, and currently have not chosen a new attorney.

Should I let the DA and the Judge know what is going on so that they can connect the two matters? Will the Judge take the charges filed with the DA seriously? All of the paperwork that I have that my brother mailed or E mailed to me does reference the succession? Any advice you can give me when I hire a new attorney? Thank you.
 


A

advisor10

Guest
2-7-2002

DEAR WOMANPOWER:

So sorry that you are having to go up against a selfish, greedy, evil brother.

Your situation is so unique that I am not experience in this area--you should go to the criminal law message board of freeadvice and post your question there.

Get an answering machine and tape his phone calls to you and you should have reported this to the phone company or the police or both.

Is he being unreasonable about his expectations of what he is supposed to get from the estate (does he think you are cheating him out of something/what does he want?) or can he just not face up to the fact that he can't get everything he wants?

Are both of you so well off that you can afford to pay attorneys to fight your ongoing battles for you? Something is wrong somewhere if you can't get a restraining order filed against a sibling--an attorney or the DA should have advised you if there are any other options open to you.

Yes, you should let the DA and the judge know what is going on, as the facts only make you look good and him look bad and it highlights how unfairly you are being treated. You should mention that you feel you are being harrassed and unjustly prosecuted for no valid reason and see if they can offer some type of solution.
 
W

womanpower

Guest
Response to Advisor

Dear Advisor, thank you for your prompt response. No, I don't have the funds to hire an attorney to fight him personally. I am a single Mom and have been since my daughter was two. That is why I have to keep spending time copying the same receipts, copies of checks where I paid debts, etc., over and over and delivering them to his newest attorney. I cannot afford to hire an attorney to appear in Court with me, and I refuse to use what cash is left in Mother's succession to fight him. He makes more that twice what I do and is intent on "mentally" defeating me, I believe. We have not been close since I went through drug and alcohol recovery 20 years ago, and have had many years of Adult Children of Alcoholic therapy.

I agree with you about some attorneys and the DA. They have not been very kind or supportive, although I am 45 and have never even had a speeding ticket. I spent a lot of money hiring the lawyer that advised me to file a TRO 46, just to find out that it is not a legal venue in Louisiana against siblings.

He is also very smart about things, for instance, he won't leave a vulgar voice mail message, but will curse me if he has me on the phone personally and does not think it is being recorded. He always just stops short of actually threatening to injure me when he writes letters or E-Mails. All the DA could charge him with is Disturbing the Peace and Improper Phone Use.

His accusations are always different and they are always wrong. He is just mentally a very cruel person and if he wasn't harassing me over this it would be someone else over something else. He has always been this way.

I will write the letter to the DA and to the Judge, and thank you for listening. Sometimes just that helps.:)
 
A

advisor10

Guest
2-8-2002

If possible, try to go ahead with the charges to get him charged with Improper Phone Use and Disturbing the Peace so that there will be an official record of his conduct against you that would be evidence to help support your charges of harrassment and would eventually work in his disfavor by piling up more negative items on his police record.

However if you feel that would aggravate him to become even more violent, then perhaps you may not want to follow that course of action if it would not be worth it.
 
W

womanpower

Guest
Response to Advisor

Dear Advisor: I have resolved to follow through with the charges that I have filed, even though it will be my first and only (hopefully) time to have to appear in front of a Judge. It's very frightening to me, but the DA says I will have to be there.

He does have a second degree aggravated battery, aggravated oral sexual battery, impersonating a police officer, and is currently on probation for fourth offense DWI. Quite some man to have angry with you, isn't it? And the fact that this is being done by my brother is very shaming and sad. My Mother would have been heart broken. I thought that his behaviour fell under stalking which would have been a felony, but the DA thinks not. Disturbing the Peace is a misdemeanor and he will barely get a "slap on the wrist" for the months of torment that he has put me through. I know this is not your area and I am not asking for you advice; just talking.

I have taken it this far, and I will see it to the end. I am off to the law library tomorrow to try to find a sample of a partial partition as done in the State of Louisiana. I want to go ahead and put two of my brothers and sisters in possession of some pieces of land Mother left to them in her will. I have searched the internet, but cannot find this form. Really don't want to hire another attorney for something that I can do in "word" and file at the Courhouse myself. Any idea where I can find one besides going down to the Courhouse and combing through various succession files?

Also, do you think that the Judge would allow me to take a higher than normal Executrix Fee for these types of items? Filing the TRO took an entire day, and I had no more vacation or sick time (had gall bladder surgery in April) and did not get paid, etc. Could I ask the Judge for this myself or is a special filing form required for this also? Do you have any idea?

You are a great listener and thank you.;)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top