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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23138
Experience:  14 years real estate, Realtor. Landlord 24+ years
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My wife and her brother have an inherited house with both of

Customer Question

My wife and her brother have an inherited house with both of their names on the deed.

The brother is hostile and my wife is afraid to go onto the property to insure what the condition of the house is. From the outside it appears to be poorly maintained.

What can we do to inspect the house's condition?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Why can't she just enter the property to inspect?
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Are you saying that brother is living there and is preventing her access?
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Thanks
Barrister

Customer: replied 1 year ago.

Yes- the brother is HOSTILE.

Expert:  Barrister replied 1 year ago.
Ok, since she is a legal owner of the property, if she thinks that brother is a danger, she can contact the local police, sheriff or constable and request an escort out to the property. It is pretty unlikely that the brother will try anything if law enforcement is there. It would also be a good idea to have a locksmith along as well to get her in if brother refuses to allow entry.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

Thanks- do we or should we give prior notice of our entry?

Expert:  Barrister replied 1 year ago.
If it were me, I would either mail notice that I was coming a few days before or drive out and post the notice on the door after I had spoken to the sheriff/constable/police about an escort and gotten a date. I would state in the notice that I will be coming out on XXXXXX (date and time) to inspect the property to assess its condition. I will be accompanied by law enforcement to ensure that there are no problems. Please make the property available for entry so I am not obligated to make a forced entry.
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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 23138
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 4 other Real Estate Law Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister

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