Would this be legal?

[Josiecat66]

I have custody of my niece as her single father (my brother) died in April. My mother, who has psych, alcohol & control issues, took the key to niece's home and refuses to let us retrieve her belongings or look for the will. Mother has also removed family heirlooms and brother's musical equipment. The house is mortgaged and deeded in brother & niece's names.
My niece will be 15 yrs shortly. She is his only legal heir.
We were told that we could have a locksmith change the locks but I'm just not sure. Would this be legal?

 

[army judge]

I am sorry to hear of your brother's passing.

Hang in there, time will help.

You may certainly change the locks.

However, the child needs a guardian, as she has no standing before a court.

She will also need an adult in case of medical problems in the future.

She also needs an adult to receive her social security and other finances.

You should petition the court to be her guardian or conservator.

Then you'll be able to manage her affairs and property.


Your mother must be suffering with her issues and your brother's death.

I hope you can get help for her.

 

[Josiecat66]

Thank you Army Judge!
My husband and I have started Guardianship petition. Social Services wants us to adopt her so we will be working on that too.
So many sad issues but, we're strong and niece is blossoming in spite of this difficulty.
Thanks again. I've read many of your answers in forums and respect your knowledge.

 

[tpajet]

Yes, change the locks. Your niece has residence there and has the right to enter her own home. Your mother is not a resident and she has no legal basis to remove anything from the home.