What can be done if my brother, sister and I recently inherited a home from my mom but he has severely restricted my and my sister’s and I access to the home?

He currently resides in our home,

Asked on August 7, 2014 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless your mother had a will which specifically gave him some rights to the home that the other two of you do not have, he has no right to restrict your access--it doesn't matter if he resides there or not, if the three of you inherited it equally, you are all equal owners and all have equal access and use rights. You and your sister can hire an attorney to bring a legal action seeking a court order requiring him to give you equal access; it is also possible you could get some compensation from him for his use of the home and denial of access to you--that is something to discuss with your lawyer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.