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i moved out of my fathers house but i still have most of my things there and my room still set up because i go back living with him every once in a while. but now hes in the hospital and my brother has power of atorney. he changed the lock and wont allow me to get my things out of the house is there anything that i can do
Optional Information: State/Country of Question: Massachusetts Already Tried: asking him to set up a date to get my things. hes told me many time to be there at a certain time and he never showed i even got a uhaul and storage unit and still he didnt show up. my drivers license still says that i live there i dont know if i can just break in or what to do i used to have a key till he changed it and locked all the family out please help i just want my thing because im having a baby and need things in the house. thank you
Are you over the age of 18?
yes 21
You could report this to the police, explain to them that your brother has technically "stolen" your property because he will not let you onto the property to retrieve your things. This is not a sure thing though, because with domestic disputes sometimes the police are hesitant to get involved even if you are right.
You could also sue him in Small Claims court because he has deprived you of your property. You would ask the court to either award you monetary damages equal to the value of the property or enter a Writ of Possession, which you could take to the police and they would retrieve the property for you.
Most counties offer assistance for small claims court. They will not give you legal advice but they will help you with the forms and the procedure. Contact the county courthouse in the county where the property is located.
Experience: Over eight years of practice in several practice areas.
is there any way that i can just make him let me in one more time so i can get my things because some of the things that i have there i can not replace nor do i have any idea how much they are worth
The only way you can force him to allow you to retrieve your property without his cooperation is with the help of the court or the police.
You could try to enter the property without his permission. If you do this, he could try to have you arrested for tresspassing. However, you have enough evidence to show that you live there and the police would most likely not arrest you if you show your driver's license and you show them mail that is delivered to you at the house.
he couldnt charge with breaking and entering or say i stole things when they were mine
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