Elderly Parent Recently Passed Away, I Inherited A Mortgaged-home Alongside My 2 Adult Siblings. One Sibling Has Moved In And Is Blocking Access To, And Refusing Inspections. How To Proceed? Location: Nyc
The home has a very small modest amount of equity in it. The sibling living in the home has already filed in surrogates court (before I had a chance to file), and they appear to have been made executor of the estate. There is no will (that we know of, but we can't search the residence for a will because the sibling is blocking access), and none of us are on the deed (only the deceased parent). My understanding is that makes us all 3 of us "heirs' property" or "tenants in common", even though we are not on the deed yet.
I would like to gain access to the home, and make repairs/inspect for damage. Everything I find online says that my sibling has no right to be blocking access to the home, but nothing indicates what I should actually do about it. I assume I could technically even move into the home if I wanted to, but my sibling is preventing that. The sibling is denying access via text message and has barricaded the front door.
What court would I go to if wanted to seek a court order to enter the home (Surrogate's court or housing court)? And how would I even make the sibling comply with any potential order to allow me entry? I'd appreciate any insight on how to proceed.
I should also add that I'd like to contest the appointment of this sibling as administrator of the estate.
Location: NYC
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