Do I have any legal rights as a great-neice to obtain access to my great-aunt’s home after she has been declared incompetent?

I wish to retrieve any personal affects and mementos left inside. The attorney that represents the guardians agency has refused my request to enter the home. The home is being sold to a contractor in 2 days.

Asked on December 13, 2010 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would seek legal help in your area immediately to determine where you stand in all of this.  Are you her next of kin?  You did not give any information as to same.  It would seem against public policy to not allow her family the ability to preserve family mementos and it sounds as if the attorney is strong arming you. Is the guardian a family member or did the state bring a proceeding?  Did any family member challenge the state?  I would ask your attorney about an injunction to halt the sale if possible or at least stay the sale until you can sort things out.  Good luck to you.


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