If the nieces and nephews 'knowingly' (one of them was the executor) took the home unlawfully (and we can prove this with the will and name on deed, etc), can they still reclaim their monies expended on the home? Sort of like stealing a car, improving its condition but when the legal owner reclaims the car, the thieves can sue for their monies used to improve it? And if the other brother of my father in law is a horrible/amoral/nasty person not at all possible to work with is there no way of excluding him? The home then would either have to be shared with him, sold in entirety with proceeds being split between the two sons or he would have to sell his brother his half portion? He is by law entitled to the home as much as the other brother even if he has expressed no interest in it whatsoever, has not pursued a legal claim in five years and only our father in law has? Unless/until he were to pass on, he would be an obstacle in this which would be impossible to overcome then?
1. Firstly, it does not matter that the nieces and nephews took the home "knowingly". they are still entitled to the reimbursement of any monies spent on the home. Secondly, you cannot exclude someone who is entitled under law to a share of a property. The law just doesn't work like that! If the brother is entitled to a share, then he is entitled to a share. ULtimately, if two of the brothers are entitled to a share each, then they are free to agree what they want to do in relation to the property. However, be aware that if one brother wants to sell and realise his share, the other ultimately will either have to buy him out or join with him in the sale. Finally, it goes without saying that the brother is entitled to his share even if he has not sought or expressed any interest in the house. None of this is necessary if a person is entitled under the rules of succession to a share in a property. I regret you cannot exclude someone merely because you want to do so.
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