Selling a jointly owned house/brother/sister

[michael666]

Hello , my wife's mother died recently without leaving a will. The house was in probate and then was released to my wife and her brother.Her brother assumed the role of executor and then treated the house as if it was his own. My wife wanted to buy her brother out but he insisted she give him well over half the value of the house.He has nothing in writing from my wife giving him executorship and she has signed nothing relating to the house.Can the brother sell the house without her consent in writing.No lawyer has been involved at this time.Any advice would be gladly received .Thanks

 

[mf1]

No will. Thats an intestacy. Two offspring - your wife and her brother. If thats the case, either can extract a Grant of Administration. Brother did that. Your wife could have but didn't. He possibly could sell the house without her consent - as Administrator - but she should take action against him before that i.e. now if she is willing to buy the half share for more than market value. She needs to take legal advice quickly.

mf