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"We beat 'em in Appellate Court & we'll beat you, too

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S

shari7

Guest
I am in Stockton,California.
My father died in December 1993(!) His estate gave equal one-third shares to me, my sister, and her adult daughter.

Public Administrator and County Council took over the Probate, promised to get my sister out of the house that was part of my father's estate so it could be sold and the asset made liquid for distribution along with other assets. They never followed through on this. They also refused to sell two stocks my father had because my sister demanded they hang onto the stock-that it would "come back". The stock lost over $10,000 in less than a year. Public Administrator and County Council DID collect their statutory fee of almost $10,000.

My sister and her adult daughter are still in the house that now has 5 years of back property tax due (tax collector gets to latch on in July) which they refuse to pay. They also refused to pay me for my loss of income for not having my share of the value of the house. They refused to buy me out. They refused to buy homeowners insurance.

My sister is a professional welfare cheat and now collects SSI (Social Security Disability) because she has falsely claimed that she is too sick to work. She also claims to Social Security that she pays rent (in fact I have a letter that she wrote to our father while he was still living that he was supposed to say she payed $400+ rent, this was in 1987).

In 1994, County Council and Public Administrator, because they "wanted to be rid of and were sick of" my sister, allowed the assets my father had in Washington state to be probated there in a Will Contest (my father had a holographic will that he wrote in Washington) by the Attorney (who also was the Representative of the Estate(!) - he told the WA court my father died intestate with no heirs to notify to get his Letters of Administration which occured on the same day that First& Final Report was filed in CA) for the mother of our 60 year old half brother (who was deemed mentally incompetant)whom my father had left 2% of his assets. Trying to shorten this story as much as possible: California court recognized the will in California, there had been no timely challenge, my sister and her daughter appealed the Washington Superior Court's decision and won. A published decision: In the Matter of the Estate of Tolson spells it out: Essentially, how a person states in his Will that he wants his assets to be divided, it is up to the court to uphold that desire as close as possible to that original intent.

That Washington will contest took almost five years. My sister and her daughter enjoyed every minute of it, just as they did hassling with the Public Administrator and County Council here in CA. My hands were pretty much tied, I had asked for the Pub. Admin and County Council, by the time I saw they would do nothing about the house, the case had been handed over to WA. My sister promised they would make good on division according to the Will, would pay rent, property tax. Later her usual threats and violent behavior were too much to handle. No attorney would touch the case. It didn't matter anyway, I could not afford one then or now. I'm sure she is going for something like adverse possession for the house. Even for Partition - attorneys here say they wouldn't even start without $4,500 - 5,550 retainer. The house in 1994 on the probate appraisal was $118,000 (the house is in Stockton, CA in the valley) NOT Silicon Valley, so if there is even anything left of the inside after the mess she already had the place in 1994, it still is not worth probably much more on an "as-is" basis (she once told me I had to pay 1/3 of the property tax, 1/3 of repairs to fix the place up - my father had that house perfect he left to live in WA)

The house is the only thing left, the rest--the greed of my sister and later her daughter stole for themselves, lost to other crooks and now I am thinking they will be able to allocate the house for themselves too, through their superior legal abilities.

I wish that I could just shut the door on the whole thing. But, the truth is I can't afford to. I have been diagnosed with a chronic disease and have other quite serious autoimmune problems that are making it appear I will not be able to work outside my home. I am scheduled for diagnostic surgery in January. It just seems everything is falling to the ground in addition to my health. My husband is a construction worker and is also in danger of disability.

This is probably way way too long for anyone to even be reading this far. But, just in case. I could really really use some help with what I might be able to do:

What would be my best approach that I could maybe do on my own?
1.) Can I get a lien on the property for my share of the house to protect whatever fast one my sister and her daughter will pull when 5 years for taxes is up or to counter her adverse possession plan and also to make it so that if they or the tax collector get ahold of the house re: unpaid property taxes (approx $8,000 including unpaid garbage bills and delinquency fees my sister has refused to pay for the past five years that the county adds on to the property tax).

2.)Is there anything I could do to get some kind of amount for her trying to defraud me from my share? This is exactly what she is doing, just as she changed the title of a truck that was in my father's name, she put in her name after probate-she told pub. admin. truck was hers they refused to have her prove it.

3.)What could I do to have her be made to re-imburse me all my lost incomefrom not having rent or the cash from the sale of the house? She, at first, had promised to pay me rent so she could "repair her credit" to buy me out, then she told me as we were all tenants-in-common (this was not recorded, the First and Final Report's wording said we each had equal 1/3 shares of the house), she couldn't be made to pay rent. Would there be any point in approaching Social Security on the rent issue (my sister threatened me physically that I better not try to tell them, so I know she would not do well if they knew).

4.)Or anything else that you can think of, most of all,
if there is anyone out there who could help, I just would really really appreciate your input.

Thank you for listening.

 



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