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    babybung's Avatar
    babybung Posts: 1, Reputation: 1
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    #1

    Aug 1, 2010, 04:45 AM
    Brothers rights to mums house
    My mum 89 is in hospital being assessed for dementia ,I live near mums house and hospital, how-ever my eldest brother (2 brothers inherit house, WHEN?IF? She dies) how ever mum is NOT dead and my eldest brother who lives 3 hours away has locked up mums house and is refusing access to me as he said he's in charge, I don't think he has power of attorney, can he refuse to let me have key to my mums house when my sister and myself are the only 2 that care and looked after her?:mad:
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 1, 2010, 06:24 AM

    Without knowing whether there is a Power of Attorney or some other similar document it is difficult to say.

    I understand the house is locked and it appears only he can gain entry. Why do you and your sister need to gain access to the house at this time?

    Whether you care for her matters little - it's what her wishes are or were. What does her Will say? It appears the house goes to your two brothers by Will - ?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 1, 2010, 07:53 AM

    I guess the issue, unless someone has power of attorney or guardianship, no one has the right to enter or lock the home.

    If you know they are to inherit it, they perhaps have more of a unofficial status to do so.

    At this point your mom if in a mental state to do so, could give you permission to enter.

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