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Legal Eagle
Legal Eagle, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 214
Experience:  Solicitor
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I live in the family home, my Mum lives in a nursing home

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I live in the family home, my Mum lives in a nursing home now because I could no longer look after her. I'm not back in fulltime work yet as I'm ill myself with lively epilepsy so my own house is rented. My brother who I am very much afraid of and who doesnt live in the house insists on having keys to the house, I think he is entitled too though I wish he was not?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I havent done anything, Im afraid to cause a confrontation I just want him to stay away from me, hell get his share of Mums house when she passes away, he need have no worry there
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont know of anything
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Hi, thank you for your message. Can I confirm why are you afraid of him?
Customer: replied 9 days ago.
I'm happy to wait. As children, his threats were blatant sometimes becoming physical. He restrained himself around me though I got tumped when I tried to stop him hitting my other brother. His threats are not physical but he wants control of everything, objecting to me locking my bedroom door when he's visiting, there's never been any sexual threats.. I locked the door as a reaction to him coming into the room and going through my belongings. In summary because I could go on forever, I am aftaid of him because I've seen his temper.
Customer: replied 9 days ago.
Could I have some idea of costs? I'm not at home right now so I cannot take a call but certainly this is a topic best discussed than texted.
Customer: replied 9 days ago.
OK I see the cost at €50, how late into the evening do you work?
Customer: replied 9 days ago.
Would that be tomorrow evening, I dont mind
Customer: replied 9 days ago.
I want him to stop bullying him because that is whats going on, its how he treat Mum and Michael too
Customer: replied 9 days ago.
I meant to say "stop bullying me"
Customer: replied 9 days ago.
If there is even any law there that can cause him to back off, to leave me alone. this is not some tiff, I'm preparing for neurosurgery in March/April and neither brother has been told, the reason being that I would be in such a fragile state. The other brother is more afraid of him by his own admission but so much so he'd be afraid of PFH finding out accidentally. This is all getting a bit silly but I'm trying to explain the situation. My mobile is(###) ###-####but I'm at work during the day, I suppose if necessary I can excuse myself and go out to the kitchen area.

Hi, thank you for your message. If you are afraid to be assaulted you should contact the police with evidence and they will investigate the matter for your. You will be asked to provide them a statement and they will notify you if they arrest/charge him. If the matter is brought to court the judge may award a restraining order against him preventing him to contact you. A restraining order is made by the criminal court to prevent a person from contacting or pursuing a course of conduct with another person. The order is designed to protect the person named from crime against an individual and they can be made on conviction or acquittal of any criminal offence. Any person convicted or acquitted (found innocent or not proven) of a criminal offence can be made subject of a restraining order. You can find your local police here: https://www.police.uk/contact/

I hope this helps if you can please accept my answer, there will be a box to do so and give me a five star rating for answering your question top right corner and just answer will credit me for helping you.

Customer: replied 9 days ago.
I'm sorry but it's clear from any information given by me to date for example my email ending. Ie that I'm contacting you from the Republic of Ireland. Your website does indicate Ireland is included, I think we should stop right there and waste no more time, thanks.
Hi, thank you for your message. Sorry but I cannot see all your information. I will opt out to allow an expert from the Republic of Ireland to contact you.

Good morning. I do not see why he is entitled to have keys. On what basis is he asserting that he can have a key? He doesnt live there, has no right to live there, so should not have keys!

Good morning, I see that you have left a negative rating, but have not responded to my question, I am trying to assist, but I do need you to engage so i can help you.

Customer: replied 6 days ago.
It's clear that this will not be resolved with your service. I have been through this with you once already.

Okay, there seems to be some confusion, I sent a request for further information only yesterday. I am an Irish solicitor. Previous to that, someone else sought to answer your question, but was from the UK.

So I stepped in to try and help, asked for further information and then got a negative rating. If you do not wish to proceed, perhaps you can ask Just Answer for your money back and for your rating to be removed? If you think I may be able to help you, I am happy to try. I am solicitor based in Dublin with over 12 years of experience.

Customer: replied 6 days ago.
If you are Irish and qualified in the Irish system then it's worth another try. Clearly there is confusion, I'm also aware that this is messy and vague.

It looks like a horrible situation.

You are living in the Family Home with your mother's consent. Your brother has no right tobe there and he has no right to keys, unless there is something I am missing. In my opinion, you are quite entitled to change the locks and lock him out.

Please note that the system automatically offers calls, I have no control over this. If you would like me to call you, I can make a service offering to do this, but I would prefer that you ask rather than having the system foist it upon you!

Customer: replied 6 days ago.
It is a relief to see this, my brother has not hit me but the threats ( plus my fear) is constant. I am beginning to find courage as you can see by contacting you. Is there a law or regulation I can refer him to if he confronts me.

He is simply a trespasser! You can call the gardai any time he turns up uninvited! Is your mum of sound mind?

Customer: replied 6 days ago.
It's my Mum's house so he claims he can walk in when he likes. No sadly she is not and is now in a nursing home. I cared for her for five years and now am awaiting neurosurgery to remove epileptic tissue , I haven't said this to him such is the condition of our relationship. I lived in the UK for years and was given keys whenever I visited returning them when I left.
Customer: replied 6 days ago.
She did not give him keys to keep at any stage

I am sorry to hear that. Even if it is her house, he has no automatic entitlement to be there. I would change the locks and not let him in again.

She clearly gave you permission to live there when she was of sound mind, so if he is unhappy about that, the ball is in his court to challenge that legally, which I doubt he will be bothered to do.

Does that help you a bit more? Is there any further information I can help you with?

Customer: replied 6 days ago.
It does help, I've no intention of trying to stay in the house after Mum passes away but perhaps he fears that I do. Yes I'm happy with your answer, you've given me the guidance I need thank you.

Thank you very much, I'm glad I've been able to help! Would you kindly please amend your rating for me accordingly? Good luck with your tyrant of a brother, he sounds like a nightmare to deal with!

Legal Eagle, Solicitor
Satisfied Customers: 214
Experience: Solicitor
Legal Eagle and other Republic of Ireland Law Specialists are ready to help you

Thank you so much, I really appreciate that. Please let me know how you get on!