Re: Filing a lien on my own property
Why not ask the probate court to allow you to be the personal executor of her estate (in order to protect what assets he hasn't squandered)??
As executor, you could then consider filing a lawsuit against his fraudulent sales. With a lawsuit, you could then file a judgment lien on his ownership of the property.
As for your concern regarding his possible forgery, you really can't do anything now to prevent that from happening other than being really diligent. And no, you can't file a fraudulent lien.
Thank you for the response! The will has already been probated and that is all over and done with. She passed away in mid-August, and the will was probated in September. He was named executor of the estate in her will. We came close to having a violent episode when I insisted the will be executed and probated. By then he had already disposed of the assets I mentioned earlier, all items which were not named to me specifically in her will.
In truth I was so distraught over mother's death that I had not even thought about executing her will until his rapid-fire disposal of those assets took place. I am less concerned about the loss of those assets and filing suit against him than I am protecting my ongoing intrest in the house. I'm just very thankful I came to my senses and remembered to have the will executed before he did sell the real estate out from under me. His resistance to probating the will and his subsequent behavior and actions have convinced me more than ever that he intended, and still does intend, malice or malfeasance.
About a week ago I discovered that all of the important and legal documents had been removed from the filing cabinet. I made the discovery only by accident, having gone to the files looking for a copy of mother's death certificate to send to her health insurance company to get the refund due to him on her health insurance premiums. (He is semi-illiterate and until very recently I had been helping him manage his checking account, contact the insurance companies, getting his social security updated, interpreting the Medicare program for him, etc.) When I discoverd all the files missing - the deed to the house, the home owners insurance policy, titles to the cars, death certificates, birth certificates, etc. etc. I asked him if he had taken them. He told me yes he had taken them to give to someone for safe keeping. I'm not even so much concerned about recovering those missing documents. I am a co-insured on the homeowner's policy and have all the contact information for the insurance company, and the deed transferred to reflect my ownership interest in the real estate is a matter of public record filed with the County Clerk's office. However, it speaks to his state of mind and his intentions that he would deny me access to those documents. I can see nothing but ill intent in his actions. If he were concerned about safe keeping the honest and appropriate thing to do would have been for him to consult with me about the documents that we have a mutual interest in, and put them in a safe deposit box to which we both have access.
I have since just been trying to think of every way possible to protect my interest in the home and protect myself from bodily harm. Another acquaintance suggested I file the lien as an added layer of protection. They know him personally, too, and know what kind of malfeasance he is capable of. It certainly sounded like a good idea, until I started trying to fill out the application form and got to the fields mentioned. I certainly do not want to do anything dishonest, and certainly not in execution of any kind of legal instrument. My good reputation is of more value to me than the interest in any assets. But neither do I want to leave any doors open through which he could execute any misdeeds.
I think I am going to take your advice and forego filing a lien. I'm just going to have to put my faith in the system that it will not allow him to dispose of the real estate without my knowledge and agreement. I think I would do better to focus on the violent episodes and the ongoing drinking problem.
If I don't get something done to stop his excessive drinking, he is going to kill himself or someone else drinking and driving. He has already had 4 accidents since August, the first three minor. But his pick-up came home on the wrecker this past Monday night, pretty close to totaled. He is also pretty banged up. The heavy drinking causes him to be unpredictable and disposes him to violence; I have twice had to call the police to our home when he became violent. He has me terrified to the point I am essentially a prisoner in my own home. I had a dead bolt lock installed on my bedroom door, and I do not venture out into the house at all other than to the bathroom directly across the hall from my room, and try to make those trips only when he is not home or when he is not stirring in the house. The only reason he has not yet assaulted me is because I have such a hair trigger on 9-1-1.
I might have found a solution to these concerns this afternoon, though. I dare not try to do any kind of formal intervention like "normal" people would do in a case like this. His mentality as an ex-felon is such that he would interpret any kind of formal intervention as the equivalent of me putting him back into prison. Once he was released from any program I would be in even more danger than I am now. Today I happened to remember an acquaintance and personal relationship I have with an elected Constable, and spoke with him about what has been going on and my concerns over the violence and alcoholism. I am going to meet with him in the morning and he has indicated that he can take some actions that will help me get through this very trying time. As an officer of the law for many years, he sees no humor in the drinking and driving or family violence, understands the gangster mentality of a felon, and has an entire fleet of officers with county-wide jurisdiction at his disposal to intervene for the public safey - without my step-father having any clue that I had anything to do with the - "intervention". I can only hope that it will bring him to his senses and that he will stop the violence and criminal behaviors.
Thank you again for your repsonse and your advice. You caused me to stop and think about my own reputation and the value of maintaining my own integrity.
