Probate and problem siblings

J

joss24

Guest
Hi all,

I'm new to this.
My Father passed away recently. He had made a will leaving us with a third each of money and house. Does a will have to go to probate?
I have 1 sibling that never moved out of the house and lived out of my parents pockets because he never worked. H e has 2 children who live with there Mother. He is the only one living in the house.
Can he stop the sale of the house?
 
Joss - during his lifetime did your father state who he wished to settle his affairs after his death (i.e., be the 'executor')?
 
sorry have been away.

The 3 of us are the excutors.
 
The will has to go to probate, yes. Ultimately your brother cannot stop the sale of the property ( assuming he does not suffer from any disability and was not given an exclusive right of residence- although even at that he would find it very difficult) however he can delay it, make it very difficult and costly and force you to take a court action in order to do so.
 
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