Dear Legal Wiz,
I love your column, and I did meet you once in Jamaica and thought you are a terrific person. I have learnt a lot from you. Now I am writing to you. I added two rooms to the house on family land and soon after I left Jamaica. The house is to remain as a family house based on the will. I got the half side for myself as per instructions of the deceased, so I had added on the two rooms to that side.
I asked a nephew to stay there in my absence.
I returned and asked him to leave, and when he didnt, the lawyer who helped us to get the probate going gave me a notice to give him. This nephew is saying I built the added rooms for him which is just crazy.
I went to Court and he came without a lawyer, but claimed he had one. He said the lawyer could not make it and had sent an apology so the Judge gave us another date to come back. I am wondering if I need to get an attorney because my nephew is such a liar.
What can I do to properly prepare for him and his lawyer.
Should I write a letter to the Judge?
RESPONSE: Dear SA,
Can you speak with the lawyer who wrote the notice for you? We are assuming that you already spoke at length with that attorney about your problems with your nephew before you got the notice.
You alone have to decide if you need a lawyer. It is recommended that you wait till the next hearing to see what happens first though.
If the lawyer turns up at the next hearing, (s)he has to give the judge an idea what the defence is. You will then know if the nephew is saying he is not moving or just need some time. Then you will be able to decide if you need an attorney or not.
Meantime, visit the attorney who is on your side and discuss the concerns with him/her.
The above does not constitute legal advice. The responses are prepared and published by inhouse senior journalists after research and discussion with attorneys-at-law and other specialists, as necessary.
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Please remember that names are changed at times by request of the person seeking information.