How can my sister get her property back from her deceased husband's son?
While my usual advice is to see a lawyer only as a last resort, in this rare instance, I would urge your sister to see a lawyer as quickly as possible. There's just too much at stake: loss of her home, money, and history. And there could be good substitute for getting an experienced body, mind, and pair of eyes on the situation.
Given the financial history you mention, your sister should be able to find free or low-cost legal help. She might best begin her search for an experienced estate planning or eldercare attorney by inquiring at the local state bar associations. Most of them now have websites that will help get her started; just type in the name of her state and "state bar."
If the website does not offer an easy way to search for low-cost legal services, do not hesitate to call and briefly explain the need to find a lawyer; you may also need to disclose your sister's income level and disability status. Depending on the type of claim that may be involved, a lawyer may be willing to represent your sister on a contingency basis--meaning rather than being paid upfront, he or she will get paid from the amount of money collected and will be paid only if the legal action is collected.
Your sister may also qualify for legal aid, often called legal services. Legal aid lawyers are usually government-funded lawyers who represent people with low incomes in a variety of legal situations, including eviction defense, denial of unemployment compensation or other benefits, and consumer credit problems. Encourage your sister to look in the telephone directory or ask a local attorney or lawyer referral service for the nearest legal aid office. Because of recent cutbacks in federal funding, you will probably find that legal aid is only available for relatively few types of legal problems and that in some programs waits for services can be long, but it is worth a try.
Finally, you and your sister can help hold down any legal costs involved and get the best results if you do some advance preparation.
She should arm herself with specific dates—such as when they were married and the length of his employment and with other specific information, such as the contact information for his former employer. She should also get copies of any contracts or legal documents that may be involved, such as rental agreements or insurance policies.
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