What to do if my mom is recently deceased and my brother won’t let us in the house?

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What to do if my mom is recently deceased and my brother won’t let us in the house?

The house is owned by my mom and in her named and is reversed mortgaged. Do I have legal rights to go into the house and retrieve the belongings that I was promised?

Asked on December 2, 2012 under Estate Planning, Mississippi

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

You may have the right, but you may have to petition the probate court to be administrator of your mother's estate, to allow you to inventory the assets, and for a removal order of your brother, and seek rental income for the period of time he occupies the premises., as the income is an asset of the estate. The petition will also seek to to have the asset distributed to the both of you. Please seek a probate litigation counsel to assist you.


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