My sister and her husband moved into the family home place after our parents passed… About 3 months ago my sister passed, her husband eventually moved back into his original home , but left lots of his “junk” behind…saying at some point he may return and clean it up. he has the only keys to the property. what legal rights do we have as far as,Immediately having all locks changed and demanding he remove ALL his belongings,and we take total repossession of our property?
There is a will…the house was left to the 6 remaining siblings. My sister who passed, her share goes to her 2 children, nothing to remaining spouse that returned to his home and left junk in our home…hence the above question??
ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU:
Your sister’s portion of the house will pass according to the terms of her will or under the laws of intestacy if she didn’t have a will. Unless your parents had set up a testamentary trust, your sister’s share was hers to do with what she pleased. Just as your share is yours to do with as you please. As joint owners of a house, each owner has the right to use and occupy the house. It is very likely that your brother-in-law now has an interest in the house, but you will need to consult with an attorney. A probate will need to be opened for your sister’s estate to clear the title of the house and determine the need owners.
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