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

Answers:

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.


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