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  1. #1

    Default Dispute With a Relative in Probate Court

    deceased father was resident of indiana
    things keep getting worse estate is pretty much a hold up because,of my father's sister.she has lied to the courts when,she filed over a estate item she claims she is the sole owner.she wont give up the court has proof that the item she says she owns wasnt in her name until like 5 days after my dads death,there is no way she had a death certificate.the death certificate wasnt availble until 8 days after his death.she has this claim against me personally and she was suppose to have her claim againt the estate not me.
    she's sueing for the return of the estate item or the value of it,attorney fees,pain and suffering.which me and my siblings are the one's that has had pain and suffering over our father loosing him and his crazy sister screwing with me and claiming the estate item is her's.and she also screwed him out of a place to live with a nightmare from hell land contract and the contract states that the administrator and the heirs have to be obligated to the contract it has a bridge in it.she is a piece of work if you ask me!if anyone can give some suggestions on how to get her removed from any claim other then the judge getting rid of her.please let me know if you been in a situation like this with a money grubbing gold digger like her.
    i just feel like if she is not stopped she will continue to cause interference and she get it out of her head not everything our father had belongs to her.
    but,i do know this the estate attorney is trying to trace her steps everything she has done to do fraudulent acts

  2. #2
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    Default Re: Dispute With a Relative in Probate Court

    What's your question?

  3. #3

    Default Re: Dispute With a Relative in Probate Court

    my question is how can she personally have a claim against me for a estate item that the court ordered to be in my name and possession(my father's sister).she didnt file a claim against the estate as far as i know.i'm wondering on how to get rid of her meaning for her claim to be thrown out.i'm the administrator so i did have a right on protecting the estate and the items.

  4. #4
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    Default Re: Dispute With a Relative in Probate Court

    If the estate is closed and that item was specifically given to you by the order of the probate court, document that to the current court. You haven't indicated if this is small claims or a regular trial court; if it's the latter, consider a motion for summary disposition.

    If the estate remains open, communicate to the court that this is a matter that should be addressed in the probate proceeding. Again, if this is in a regular trial court, consider bringing a motion requesting that.

    In small claims court you can ask about bringing motions; if that's not possible make sure you bring all of the documentation from the probate court with you to your small claims hearing.

    If she's suing for attorney fees, it suggests that she has an attorney. If so, I suggest getting one of your own.

  5. #5

    Default Re: Dispute With a Relative in Probate Court

    she has that action against me in small claims.i've not recieved any papers for a hearing,
    the only papers i recieved was her trying to sue me,i handed a copy over to the estate attorney now he has a pi on the case to find out all what she has done to that title.

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