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This depends on the country you are in. In UK it goes according to her Will - and family need not get anything. If she died without a will then it is divided according to the intestate rules to family.
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She bought the house for her brother to live in it,deeds in her name,but wasnt mentioned in the will.is house legally the familys? As in her name
I do not know your family circumstances but the brother does not have a right to claim the whole of the house. The solicitor I feel was negligent in not clarifying her position. I feel you need a family conference to sort this out. The house would go to husband then children before the brother. You know your mum wanted him to live there so I feel these wishes should be respected and then when your uncle goes into a nursing home or dies the house can be sold for the familys benefit.
It might be that he has a letter from your mother giving him the house.
Is the house fully paid for or is there a mortgage outstanding? If there is not outstanding debt on the property, then it should be handed over to the family. But you my have to pay inheritance tax, depending where in the country you live.
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My mum had 2 houses.tho only 1 in the will.her brother lives there still.that 1,not in the will.tho deeds in her name.are we entitled to the house?
English law is that the estate is distributed strictly according to the Will unless all beneficiaries decide otherwise. If it is not specifically mentioned there is invariably a clause saying how the remainder of the Estate is divided. As far as inheritance tax goes having a sitting tenant as such will help this problem.
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