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Clare, Solicitor
Category: Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My parents passed away several years ago leaving her house

Customer Question

My parents passed away several years ago leaving her house to me,my sister and my brother. My brother has lived in Canada for over thirty years visiting only a few times for funerals etc. I told my brother that in the future we would sell mums house and give him his share but he said he did not want or need any part of mums house as my sister and myself looked after mum without his help and as he was financially secure he wanted nothing. My brothers wife lived in Calgary and my brother lived in Vancouver Island they were not divorced but lived separate lives. A year ago my brother died leaving both houses to his wife and family and now she is wanting me to sell mums house so she can inherit one third of my mums house. Can she do this?
Mr G. Ranson
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you have anything in writing from your brother confirming that he did not want his share?
Customer: replied 2 years ago.
No nothing at all so I said I would keep any money for him if he ever changed his mind.
Expert:  Clare replied 2 years ago.
Then I am afraid that his share does form part of his estate and his wife - or whoever is named in the Will - is entitled to the money
I am sorry to give bad news - but do ask to see evidence that she is entitled to his estate
Please ask if you need further details