Can 1 of 4 children withhold property and bar siblings from their deceased father’s apartment on the grounds that she is the only emergency contact listed on lease?
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Can 1 of 4 children withhold property and bar siblings from their deceased father’s apartment on the grounds that she is the only emergency contact listed on lease?
Asked on October 7, 2012 under Estate Planning, North Carolina
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
No. The emergency contact on a lease has nothing to do with who inherits property after someone dies. However, the landlord probably does not want any part of a dispute between siblings and may allow only the sibling listed on the lease to access the apartment. As they say, "possession is 9/10ths of the law." If only one sibling has access, she can do as she pleases.
If you want to challenge this sibling, you will have to hire a lawyer and start probate proceedings. Otherwise, you have to work it out with her.
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