How can we get access to my mother's house after she dies? 7 Answers as of January 12, 2012

Your brother could not have "put the house in his name" unless your mother deeded the property to him during her lifetime. If your mother did not deed the property to him, he has no right to keep the appointed Personal Representative (Executor) out of the house.

I recommend that you seek the advice of an attorney immediately, so you can determine who the legal owner of the home is. If the home was put into your brother's name, there may be little you can do about it at this point, unless you are willing to commence a lawsuit against him (for undue influence, constructive trust, or other similar claims). The lawsuit would likely be quite expensive as these types of claims are difficult to prove. If, however, the house is still in your mother's name, as a tenant in common or alone, then you will likely need to start a probate and make sure your brother does not harm the house. In any case, I generally think it is better to get all the facts out in the open, so I would seek to get to the bottom of the ownership and make a decision on claims as soon as possible.

If the house was in your mother's name alone at the time of her death, your brother could not change title to the house to his name unless he produced and recorded a deed signed by your mother before her death. If your sister has been appointed as the representative of your mother's estate by the Probate Court, your brother's actions need to be brought to the attention of the court and he should be stopped from either occupying the house or altering it. The disposition of the house should be determined by the terms of the will. If there was not a will, and no surviving spouse, then her children would share equally in the estate after payment of expenses and debts of the estate. Did this information help answer your question(s)? Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.

Your brother cannot have "put the house in his name." Your mother must have transferred the house to him. You need to get a lawyer and see if anything can be done to unwind that transfer.

If he's not the executor, it is completely impossible for him to do what you said. The executor should already have a lawyer and that lawyer will know what to do.

The Executrix is the only person who can distribute estate property. Was the house owned by the mother when she died? If so, you sister must make all decisions pertaining to the estate property.

An executor is entitled to and required to take charge of all of the assets of the decedent. A court order can be obtained if necessary. The executor should consult their probate attorney to determining how best to go forward.