Legal Question in Real Estate Law in Maine
I was just in a trailer fire with my grandparents back in jan 6th 2010 and my aunt jeanne T. Dumont made them put her as power of attorney over them and their belongings.
my grandmother is first power of attorney and my aunt been trying to find her incompant.
and I was down on my grandparents home owners insurance for living there over 10 years.
and I had personal property damages over $3,000. dollars worth.
and my aunt refused to give me my insurance claim money for it.
and infact hse gave some of the insurance money thats suppossed to go towards the trailer and for the me and my grandparents to replace our damages.,
to her two daughters who was not living at the trailer and who has no property in the trailer duren or before or after the fire.
she also used some of the insurance money on her self as well and she never live with my grandparents at their trailer nor did she have property in the trailer either.
plus she was picking up my mail from the trailer for about 5 months and opening my mail and invaded my privacy and changed my mailing address on me without asking me for permission to do so and without telling me she was doing this.
what can I do legally to press charges against her and make her give me the insurance money thats owed to me ?
1 Answer from Attorneys
From what you describe, you may have a case for theft. It may make sense to arrange a meeting with a local detective to see if they can�t help you focus some of the necessary paperwork. Your aunt may have been able to complete the insurance process if she had a valid power of attorney, but that does not mean she had the right to use the money for herself or her daughters. If you can show the detective the policy with you on it, then the proof of damages, then the fact that the insurance company paid a claim to your aunt and then that you received nothing you may be able to support a charge for theft. Ultimately that decision will be left up to the local District Attorney.
The other option is to sue your Aunt in small claims court. That would mean that you have to get all the same paperwork together as you would for the detective, but then you would have to complete the claim yourself or with a lawyers help.
I would advise you to begin by talking to local law enforcement but have the paperwork ready. It is one thing for a detective to hear a story but it is quite another for them to have a trail of paper to follow.
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