Can I be chagrge with burglary if I am currently a resident? 3 Answers as of November 11, 2013

I was illegally locked out of my current residence and was denied access to my personal property. I broke in to retrieve my belongings after being threatened that my stuff would be damaged. Can I be charged with burglary since I was at the time a current resident? Just to give a little background on the situation, the house is my mothers house and I have been a resident since I was eight years old she died on September 11. The house was placed in probate to determine who would be made the head over her estate. Since her death my father has been trying to force me out of the house to claim it as his own even going as far as to changing the locks so that I wouldn't have access to any of my belongings forcing me and my daughter to seek shelter from who ever who would take us in.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Your father could not just change the locks if you were living there without Court authorization. You need to call the police. Don't break in
Answer Applies to: New York
Replied: 11/11/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Get an attorney and start making amends with your father. As I do not have information on the titling of the house I can only state it appears you have no rights to occupy the house and you must learn to respect that.
Answer Applies to: Michigan
Replied: 11/7/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
There are numerous factors to be considered, but ultimately, if you were getting mail there, paying rent or utilities, etc., then you could establish residence and it would not likely be burglary. However, you would also need to prove that what you took was indeed yours, and that could be more problematic unless obvious, like little girl's clothes, or clothes obviously only you would wear, etc.
Answer Applies to: Washington
Replied: 11/7/2013
Click to View More Answers: