My sister and I inherited the parents’ house. She has a house key, I do not, and by the looks of things she and her spouse have been going in the house more than likely cleaning the place out while I’m not there. What are my options?

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My sister and I inherited the parents’ house. She has a house key, I do not, and by the looks of things she and her spouse have been going in the house more than likely cleaning the place out while I’m not there. What are my options?

Both of our parents passed away this year. Her and I are the only two surviving children and we both know we are to inherit the house. Both my late mother and my late niece my sister’s daughter told me that they wanted everything and it did not go their way. I live close by the house and me and my fianc will drive by the place to check on the place and some night lights are turned on and sometimes not. They’ve been going inside the place with me not there. I sent them a text today asking for a copy of the key and I got a response of ‘why’. Is there anything that I can do legally to stop this?

Asked on November 24, 2018 under Estate Planning, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can sue your sister for a court order barring her from doing this and also requiring her to return (or pay for) anything she took. As an heir or beneficiary, you have a legal interest in and right to receive your proper share of the estate; if your sister is taking things that should go to you, she is stealing from the estate and also violating your rights. Consult with a probate law attorney about bringing this legal action.


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