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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