Legal Question in Civil Litigation in California
Should I file for a restraining order?
A ''friend'' of my brother in law's tried unsuccessfully to
get him to give her his house including much of it's
contents that she fancied. She was NOT his girlfriend in
any common sense of the term, though he did spend
money on her-dinner, car repairs, etc. He was a lonely
man she took financial advantage of for many years.
My brother in law put my husband on the deed to his
house as a JTWOS. He also put my husband on his
bank accounts, gave him Durable Power of Attorney, &
had a life insurance policy w/my husband named as
beneficiary. (He had no children and never married.)
Hours before he died, this ''friend'' (who had a key to his
house) let herself in and took many items of value.
The Sheriff wouldn�t pursue it as a criminal case
because the key issue would make it difficult. He
suggested civil court, but we decided against it.
But now she�s writing and calling us, demanding ''her
things'' (simply an endless shopping list). He never left
a will or told us he wanted her to have any particular
item(s).
Should we file for a restraining order in this situation?
Or reconsider filing a civil suit against her for the many
things she stole from him?
1 Answer from Attorneys
Re: Should I file for a restraining order?
The estate can file suit for her taking things, if their value makes it worthwhile. You might first try having an attorney contact her demanding she return them and stop harassing you. If it works, you aren't out much money, if it doesn't you can still file suit. Contact me if interested either way.
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