attorney to get injunction for relative who passed away

Do I need a lawyer to get an injunction against my Neighbor?

Oct 13, 2020 · Permanent Injunction- A permanent injunction is a permanent order from the court for a person to do (or not do) something. It can only be entered after trial and only if the party requesting the injunction can prove that not issuing the injunction would cause an “undue hardship”. Specific requirements to meet this standard differ between ...

What to do if the defendant runs afoul of a permanent injunction?

Apr 29, 2013 · A power of attorney is only valid when the person is alive. Now that your mother has deceased you must go through the probate process. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE ...

What is a legal injunction?

A permanent injunction is a final court order in which a party stops certain activities permanently or performs specific acts. For a permanent injunction to be issued, the plaintiff must demonstrate evidence of underlying harm. A permanent injunction is a court order directing a person to do or stop doing a specific action issued as a final ...

How do I file a motion for an injunction?

Jul 06, 2016 · 2. Create a motion for an injunction. You have to file a "motion" along with your complaint in order to request your temporary restraining order and/or your preliminary injunction. You can set up the motion in the same way that you set up your complaint: the same caption at the top, the same formatting, etc.

What are the three types of injunctions?

What is an example of an injunction?

How do I file an injunction in California?

How does an injunction work in Florida?

Who can apply for an injunction?

How can I get an injunction against someone?

How quickly can you get an injunction?

What is an injunction suit?

When can an injunction be granted?

Do you have to go to court for injunction?

How do I get an emergency injunction in Florida?

How do I fight an injunction in Florida?

What are the types of injunctions in Florida?

Under certain circumstances, such as aggravated stalking, you can possibly be charged with a felony and face higher maximum punishments. There are five types of injunctions in Florida: 1 Stalking 2 Repeat Violence 3 Dating Violence 4 Sexual Violence 5 Domestic Violence

What happens after a court hearing?

After the hearing, the judge may deny the injunction, issue a temporary injunction, or issue a permanent injunction.

Why is probate necessary?

Probate will be necessary to gain access to your mother's assets. The probate court will appoint an executor or administrator for the estate and literally give that person "letters" of authority to take control of the assets. Since your mother died so recently, it is unlikely you will be able to act, right away.

How to get letters of administration?

To get letters of administration, you must bring a copy of the death certificate to the register of wills, the original Will, and the completed petition for probate and related forms. They are available, on-line, but are not always easy to prepare.

What Types of Affirmative Defenses Can Be Raised to Stop Permanent Injunction from being Ordered?

One of the elements needed for a court to issue a permanent injunction is that no applicable affirmative defense can be raised against the plaintiff who seeks the injunction. The affirmative defenses the defendant may raise include:

What Is Laches?

Laches describes the situation where a party is barred from earning an injunction because there was either negligent and/or long, unreasonable delay on bringing the matter to the courts attention.

What Is In Pari Delicto?

In pari delicto is a Latin phrase meaning "in equal fault." This doctrine bars a plaintiff who has participated in wrongdoing from recovering damages for loss resulting from the wrongdoing.

How Is Freedom of Speech an Affirmative Defense to an Injunction?

The First Amendment guarantees the right to freedom of speech and expression. A court cannot order anyone to refrain from saying or expressing something he or she is entitled to express. However, a person may possibly still be sued for any defamatory speech he or she engages in, even if an injunction cannot be ordered against them.

Criminal Activity

Generally, one cannot be refrained from engaging in criminal conduct or activities as criminal punishment is deemed to be sufficient punishment and deterrence from engaging in that behavior again. However, if a court deems criminal punishment to be insufficient or if defendant threatens to commit a crime then an injunction may be issued.

Should I Consult an Experienced Attorney about my Injunction Issue?

An experienced business attorney can help defend you against an impending injunction hearing. In addition, if you are unhappy with an injunction issued against you, an experienced attorney can help to bring a suit to nullify or modify the injunction.

What is an injunction in court?

An injunction is a court-ordered command to do something or, more often, to not do something. Typically, people bring lawsuits seeking money compensation; however, sometimes money compensation is inadequate to truly protect you. In these situations, you can seek an injunction from the court. To get an injunction, you need to file several legal ...

How long does a preliminary injunction last?

Typically, a preliminary injunction will last for the duration of trial, or at least until the lawsuit is resolved. A preliminary injunction can turn into a permanent injunction if you win your lawsuit.

How many types of injunctions are there?

Identify the different kinds of injunctions. There are three different kinds of injunctions, and you should understand them before you file for an injunction with the court. Each injunction commands the defendant not to do something, but they last for different amounts of time: Temporary Restraining Order.

Is WikiHow a copyright?

All rights reserved. wikiHow, Inc. is the copyright holder of this image under U.S. and international copyright laws. This image is <b>not</b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website.

Is a power of attorney effective after death of principal?

The bank is wrong. No power of attorney is effective after the death of the principal. You need letters of administration. See a lawyer to file a petition for probate to get letters of administration.

How long after a person dies can you get a power of attorney?

Depending on whether there is real property (house) involved, you may be able to have access to her account by Small Estate affidavit. You must wait 40 days after the death before you can exercise the affidavit.

Do powers of attorney expire?

All powers of attorney expire on the death of a person. Depending on how much is in your mother's bank account you will need to open an estate in the probate division of the circuit court for the county your mother lived in at the time of her death. If there isn't too much in the account you could do a small estate procedure which would require ...

What is a power of attorney?

A Power of Attorney is a document that nominates a substitute decision maker for someone who is alive but unable or unwilling to make their own decisions. There is no such thing as a Power of Attorney for a dead person.

Can a power of attorney be void?

A power of attorney is void upon death. You need to see an attorney about opening up a probate estate so you can close out the bank account. You will need to be able to give the attorney a death certificate of your mother, the names and addresses of all her children, and the name of the bank, the bank account value, whether a checking or saving account and the account value.

Can you get POA for a deceased person?

You cannot get POA for a deceased person. Depending on the amount of money in the account, there may be small estate procedures you can use to access the funds. Which procedure would be best, depends on all of the facts of your situation. There is one procedure that does not involve going to court.

Do POAs end at death?

All POAs end at death. You will need permission from a probate court to settle your mother's estate. If the estate is small, you may be able to be named a special administrator which would allow you to do certain things like close bank accounts. However, if your mother's estate is larger, you may need to be named executor by the court.

Is a power of attorney valid after death?

Unfortunately, the power of attorney you may have had in place is no longer valid following the death, and it is important to understand that distinction. A previous power of attorney does not give you the power to handle the estate after the death of your loved one.

What happens if you don't open a probate estate?

If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options with an experienced estate attorney.

Is it hard to handle an estate?

The death of a loved one is always hard, but the difficulty of handling the estate can make an already difficult situation that much worse. Dealing with the complexities of the estate, closing the financial affairs of a deceased loved one and handling the taxes due can really put a strain on your emotions.

Do you have to open a probate estate?

In most cases, the answer to this question will be yes. Many people erroneously believe that they will not need to open a probate estate, but this is rarely the case. If you fail to open a probate estate, you could be liable for taxes and other claims. Even if you do not think a probate estate is necessary, it is important to discuss your options ...

Do debts disappear when someone dies?

There is a great deal of confusion about how debts are handled when an individual dies. Some people think that these debts simply disappear when the debtor dies, but that is not always the case. While some debts are forgiven on death, others follow the deceased and become part of the estate. The good news is that the family members ...

Do you need a death certificate for a funeral?

The death certificate should become available after the funeral process has been completed, and most funeral homes will help loved ones get the documentation they need. If you do not receive a death certificate from the funeral home, you should ask the funeral director for one as soon as possible. You will need a death certificate ...

What to expect after a loved one dies?

The days and weeks following the death of a loved one can seem like a blur. The grieving process is difficult enough, but there will also be a funeral to plan, relatives to notify and financial issues to handle . Meeting with an estate attorney as soon as possible can ease your burden and make a difficult time easier to bear.

Does a deceased person have to go through probate?

The deceased's property must still pass through probate to accomplish the transfer of ownership, even if he didn't leave a will. The major difference is that his property will pass according to state law rather than according to his wishes as explained in a will. 3 .

What happens if you don't leave a will?

When There's Not a Will. The deceased's property must still pass through probate to accomplish the transfer of ownership, even if he didn't leave a will . The major difference is that his property will pass according to state law rather than according to his wishes as explained in a will. 3 .

What does POA mean in a power of attorney?

The POA gave you the authority to act on his behalf in a number of financial situations, such as buying or selling a property for him or maybe just paying his bills.

Can a deceased person's bank account be frozen?

As a practical matter, most financial institutions immediately freeze the accounts of deceased individuals when they learn of their deaths. The freeze remains in place until they're contacted by the executor or administrator of the estate. If you were to attempt to use the POA, it would be denied.

Courthouse Search

Go to the county courthouse in the county where the deceased person lived. Search the civil litigation, family law and criminal court records by party name to see whether any records contain the deceased person's name.

Notary Public Search

Get out all the signed legal documents that were found among the deceased's property and look for any signatures that were notarized. Go to the county assessor's office in the county where the deceased person owned real property and search for notarized deed records.

Interviews and Advertisements

Talk to friends and neighbors who knew the deceased well. Ask them if they know about events in the deceased's life that would have required legal representation, like an arrest or a lawsuit. Follow up on any leads.

What happens if a person dies without a will?

If a person dies without a spouse and without a will or trust in place, then many banks or states require a probate judge to issue an order granting access to the safe deposit box to a person identified by the judge.

Can a power of attorney access a safe deposit box?

Some states require a person with power of attorney to be specifically authorized to access a safe deposit box. Safe deposit boxes are a valuable asset, so do not cut corners in your attempt to access the box, e.g., by forging signatures or bypassing the probate court.

Who is Jason Gillikin?

Jason Gillikin is a copy editor and writer who specializes in health care, finance and consumer technology. His various degrees in the liberal arts have helped him craft narratives within corporate white papers, novellas and even encyclopedias.