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Hi thanks for your enquiry and your patience.
This is by far a very unfortunate situation to be in and also a very difficult one. The difficulty with this you see is the delay in acting. It is very difficult if not almost impossible to go behind the deed. In this circumstance the deed would have been transferred to your brother while your parents were alive. It would be difficult therefore to be able to establish that your parents had not intended for the property to have passed to your brother.
Now upon their death, the property would not fall within their estate legally for any of its interest to pass to you. I do not envision if this goes to the court that you would be very successful in establishing a case.
Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.