Legal Question in Real Estate Law in New York

Access to Deceased Parent's Home

Both parents are deceased. Sibling resides in parent's home. No lease or rental agreement. House is to be sold as per parents' will. 7 other siblings need access to settle affairs. We have keys, but sibling residing within has utilized a 'hook and eye' latch inside the door, so we cannot get in. Our attorney tells sibling that we have a right to be there. If our sibling hooks the door, can we pull it open to dislodge the hook if she doesn't respond to our request to enter? If we 'break' the hook assembly, does she have any recourse? The house belongs to all of us according to the will.


Asked on 4/11/06, 10:27 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Access to Deceased Parent's Home

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You are correct. The house does belong to all of you, if the Will is as you say.

You and your siblings may need to bring an action for partition, in order to force a sale.

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Answered on 4/12/06, 5:57 am


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