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What kind of lawyer do I need to get something back from a family member who took something from my Dad's house?
Anonymous3 views2 answers
Mon 6/18 family meeting( Dad, brother, sister and myself) to decide who gets different items in my Parents house. (mom died, Dad now in assisted living) when I went to house 6/19 items gone questioned brother he already packed them. Neighbor called police because they did not know my brother and saw a strange man moving things out of house. Dad on speaker phone said items promised to someone else. Police told my brother items need to be back in 5 days 6/24 and the policeman say if it does not happen, I may subpoena him to testify to that.
If Dad is still alive, and competent, then it is his claim. He needs to pursue recovery of the items, in his name. Claim can also be made for father by anyone acting pursuant to a valid power of attorney executed by Dad.
Dad could file criminal charges for theft, or sue for the wrongful taking. Depending on the value of the items, the civil claim could be in the District or Circuit Courts.
Your cost for hiring counsel will vary, based on the anticipated complexity of serving your brother, dealing with contentious family members, and the value of the items to be retrieved.
Sounds like you need to have a meeting with your dad and obtain his direction as to whom he would like to appoint to manage his assets and other affairs on his behalf. He can appoint someone (you, possibly) to act as his power of attorney in these matters, and he should also name someone to act as his medical power of attorney to make medical decisions for hi if and when he is unable to do so. He should also have a will drafted to ensure all his wishes are carried out in the event of his death. All three instruments need to be prepared by a lawyer. Once someone is appointed power of attorney, that person can take over and manage the assets, make distributions/transfers as directed by your dad (or if he becomes mentally incompetent, preserve, protect and manage those assets for his benefit). If your brother refuses to return items he has wrongfully taken, a civil suit for "replevin" can be filed against him demanding return of the items, or the fair market value of them if they have been disposed of already.
