is this legal/illegal?....what are my options?

[shpeel]

What is the name of your state? new jersey

Quick background:

My grandfather passed away over a decade ago. He left the house to my grandmother. A couple of years ago, my grandmother sold the 2 family house to my mother and uncle, and now on the deed they are cosidered "tenants in common". My uncle and aunt have lived on the first floor and my grandmother has been living on the 2nd floor until recently, when she was put into a nursing home. My uncle and aunt have put a lock on the entry way into the cellar, a new lock on the back door which doesn't go directly into their apartment, and a lock on the shed. They are unwilling to give my mom a key to these 3 places. Is there any kind of action we can take so that they can give us these keys? Would it be illegal for my mom to go to the house and pry off the locks? (at least on the cellar door and shed).

Any info would be greatly appreciated.

 

[justalayman]

First question I have to ask is , why does she need to gain access to where g-ma was living?

next question, what was the agreement to allow g-mom to stay at the house?

next q; does anybody have a POA for g-mom's affairs?

 

[shpeel]

First question I have to ask is , why does she need to gain access to where g-ma was living?

next question, what was the agreement to allow g-mom to stay at the house?

next q; does anybody have a POA for g-mom's affairs?

#1.....who do you mean by "she"?...my mom?....

#2....the agreement was that my grandmother would be able to stay at the house rent free on the 2nd floor until she passes away. she had a mini stroke in october and when she got out of rehab, my aunt and uncle decided it was best for her to stay on the 1st floor w/ them, and now she is in a nursing home.

#3....my mother has the power of attorney.

 

[justalayman]

#1.....who do you mean by "she"?...my mom?....

well, what other "she" is there in your post trying to get into the locked areas other than your mother?

#2....the agreement was that my grandmother would be able to stay at the house rent free on the 2nd floor until she passes away. she had a mini stroke in october and when she got out of rehab, my aunt and uncle decided it was best for her to stay on the 1st floor w/ them, and now she is in a nursing home.

was there anything formal written up? A life estate possibly?

#3....my mother has the power of attorney.

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without any further info, it would seem your mom has legal rights to the common areas of the (presume) duplex and to g-moms private areas.

Not knowing the agreement your mom has with her brother, the access to the areas solely used by the brother may be off limits or they may be accessible.

Is there anything in writing to control this entire situation, including the brother living in the house?

 

[shpeel]

well, what other "she" is there in your post trying to get into the locked areas other than your mother?

was there anything formal written up? A life estate possibly?



==========

without any further info, it would seem your mom has legal rights to the common areas of the (presume) duplex and to g-moms private areas.

Not knowing the agreement your mom has with her brother, the access to the areas solely used by the brother may be off limits or they may be accessible.

Is there anything in writing to control this entire situation, including the brother living in the house?

well...the day my grandmother went into the nursing home, my mom changed all the locks to the 2nd floor apartment, where my grandmother was living (i guess you wouldn't have known that because i didn't say that in the first post). my aunt has been eyeing up the upstairs apartment.

yes...there was a life estate written up

what ares would be considered solely used by my uncle?....just the 1st floor apartment, correct?

and no...there wasn't anything put into writing stating which child gets which apartment. it's been an oral agreement.

 

[justalayman]

ok, since there is a life estate involved, your mother, as POA, would have the right, actually the duty, to act to protect your g-moms position.

With a typical life estate, the control of the property in question is terminated only by the death of the beneficiary of the life estate. If this is the case. your mom must act to protect g-moms interest. Presumably the estate directed the upstairs apt to be g-moms. If so, then uncle and aunt have no authority to restrict your moms access and actually they have limited rights to even enter the apartment.

Common areas would be areas that are not accepted to be part of either apartment but shared by both units. If this includes the shed and the basement, then your mom is legally allowed access to those areas.

Now to enforce anything, she may need to go to court and have a court order the needed access. Without that, the police may simply refuse to become involved, especially since aunt and uncle live in the lower apartment.
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Now to what happens after the life estate has terminated.

Hang on to your shorts 'cuz this sounds like it's going to be a wild ride.

I would seriously look into selling out my share if I were your mom. It can be forced via a suit to partition but that does cost money and time.

 

[shpeel]

thank you very much for your time and answers...it is greatly appreciated