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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 3727
Experience:  Licensed to practice before state and federal court
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Just a little over a year ago, I was granted an order of

Customer Question

Just a little over a year ago, I was granted an order of protection which prevented my 40 year old brother from having any contact with me. After several years of trying to get him in a drug rehab. He refused, and continue to behave in a reckless manner. He was stealing smoking dope in the house, leaving the doors jarred late in the morning hours. Sneaking his friends in the house, eating everything and anything under the roof. Altering my mail, stealing packages, appliances and money from my mother's bank account. Although, he is extremely dysfunctional my mother did not want me to file for the protection order. At this point she angry, delusional and unrealistic. She and I co own our home. She is accusing me of stealing the home from her and is belligerent regarding this issue. She hides my brother in the house in a locked room knowing he should not be there. However, you can smell the drug coming out of his system. I am very worried, at this point I am tired of waking up to chemical smells in the house, choking as it becomes hard to breath. I don't physically see him, but I know he is there. Also, my mother has a number of aliments she is not receiving treatment for. though she lies and tells me she does. I don't won't to upset her because I am not sure about her physical or mental stability. Please advise.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Brooklyn, New York- I believe now they are trying to run me out of the house.
JA: Has anything been filed or reported?
Customer: in regards ***** *****?
JA: Anything else you want the lawyer to know before I connect you?
Customer: My mother is not stable, unable to hold a fundamental conversation with her.
Submitted: 3 months ago.
Category: Legal
Expert:  Legal Eagle replied 3 months ago.

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Expert:  Legal Eagle replied 3 months ago.

So this one is a bit difficult only because you and your mother are co-owners of the home. She has the right to have a tenant in the house as much as you have a right. This limits what you can do with your brother. You have a couple of options legally, but they aren't the best. Regardless, you can hold them in your back pocket:

1. You can always contact the police if you suspect there is drug activity there.

2. You could request that the court evict him permanently because of his drug use.

3. You could always sell your interest in the home to another party without your mother's consent and use that money to purchase your own property.

Expert:  Legal Eagle replied 3 months ago.

Otherwise, you may have to put up with his behavior for a little bit because your mom has the right to have him there. The restraining order is another option, but that may only allow you to keep him away from you personally and not the house itself.

Follow up questions are free, so did you have any additional questions? If not, were you satisfied with my service today?