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  1. #1

    Default Harassment, Threats and Insults, in E-Mails

    My question involves criminal law for the state of: Virginia

    I moved to Virginia only 22 months ago. My mom died in Indiana and I have a sister and one brother...the brother is mentally ill. He has held 30-40 jobs in his life, has a number of DUI's in both Indiana and Ohio, has been convicted of battery of his teenage son in Ohio....lots of anger issues. Becasue our Mom made me the Trustee of the WILL in charge of distributing funds/possessions, I am being threatened and insulted on e-mails on the internet. These e-mails are often distributed to lots of people, including relatives who also know our brother is mentally ill. He has enrolled a lawyer in Indiana (against my Mother's wishes; our Mom dies Nov., 2008 and had a No Contest Clause in her WILL). Our Mother paid $1500 to a lawyer to rewrite a 3 year old WILL in 2001, just to have one clasue added: the No contest Clause, claiming that anyone taking anything to court regarding the WILL would be considered deceased. The No Contest clause, at least in Indiana where my mom lived and died, we are finding out, is not honored in Indiana, even though an Indiana attorney wrote the WILL. I am administering this WILL from Va. Turns out, my borther got to an attorney who told him he could ask for LOTS of accounitng of my Mom's funds...I guess to see if there was any "skimming" by my sister or myself. We have given them everything they have asked for (through my lawyer). There was no skimming. Now, we are seeing some VERY ridiculous requests, when we should be finished...really, the lawyers "playing" with my brother who is sick. The Va. State Police told me to just show the harrassing e-mails to my lawyer, and the lawyer, once he saw the e-mails, would realize how dangerous our brother is andhow sick he is. My Indiana lawyer has chosen to do: nothing. My feeling is, if the lawyer addressed the REAL problem here, this would be over. When I say "this", I am speaking of the accounting (which I have given them everything they could possibly want). Still....we have all this internet harassment..both insults and threats. Nobody would believe what he has put on the internet...at 3 in the morning one day, he distributed an e-mail saying his mom is a "whore"! He has threatened to show up in my sister's driveway....remember, this guy is DANGEROUS. He has laready, about 4 times e-mailed stuff like "I am going to sue your ass, so hold on tight". A lawyer friend of my sister's from Indianapolis says this is "malicious intent to file suite"....but the lawyer I have does not want to address this.....so the harassment continues. Help!

    3 pointer

  2. #2
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    Default Re: Harassment, Threats and Insults, in E-Mails

    If you don't feel your lawyer is providing adequate representation, and you weren't able to work out your differences after talking to your lawyer, the phone book lists many other law firms you can contact.

  3. #3

    Default Re: Harassment, Threats and Insults, in E-Mails

    It's not quite that simple. This is in a county where you must use "local" lawyers...the judge has a repuation. Ths is strictly a "local boy show". The judge helps the "locals" make $. You can only win with CERTAIN "locals".....it's well known. I tried to use 4 other lawyers (all not from this particular county in Indiana...they knew about THIS judge and were very specific in whom i must use to have any chance to end all this). I have thought about filing charges vs. the internet harassment in Va. I know the law in Va. It's basically a 1st class misdemeanor. I am not sure about the threats though.

    Thanks

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