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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37476
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My wife and her sister both inherited their mothers house

Customer Question

My wife and her sister both inherited their mother's house in Maine - equally. I am flying to Maine tomorrow to get into the house with my wife's estate representative so we can move her belongings out of the house. We want to do this without the sister being present - as there is a huge conflict between the two sisters. However, my wife's sister has announced that she will be there to "let me in". I believe this will create more problems than it solves. My question is this; If i am the legal representative and spouse of my wife, do I have a legal right to enter this house in Maine without my wife and 2: Can the sister force me to leave the house legally?
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
The best way to be a legal representative of your spouse is to have a durable power of attorney (POA) that you can bring with you in case your wife's sister gives you any trouble. The POA will legally designate you as the agent for your spouse, and then you will have all legal rights afforded to your spouse--in essense it will be as if you stepped in her shoes for the visitation.

Otherwise you may need to have your wife present--the sister, if she is feeling especially combatative, may ask you to leave due to trespass (although your wife's esate represenative would be allowed to enter). This is a very unlikely scenario since your wife's representative will be on the premises but it is an option that the sister may take with you.

Good luck to you and let me know if I can assist you further.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37476
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 14 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
THanks Dimitri. So my wife's legal representative can enter legally.   We have a letter from my wife's lawyer stating that this woman is representing my wife and has her permission to represent her. Does this mean that the sister can not refuse entrance to the representative. And, once the representative is in the house will she have unlimited access - or will the sister still have the ability to direct the representative where to look and not look in the house? Thanks. Michael
Expert:  Dimitry K., Esq. replied 5 years ago.
Your wife's representative can enter legally, and can have as much of the run of the property as would your wife if she were there herself. Since both your wife and sister co-own the property in the whole, in essense their rights are equal and both cannot block each other's access to any part of the property.

That letter is exactly what you need, good luck to you and I hope you have no issues with your wife's sister.

Thank you very much for the tip and post, highly appreciated!


Sincerely,

Dimitry Alexander Kaplun, Esq.

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