Deeds and Will

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Sorry for the long winded question but it is something I really need to know.
When my Dad passed away in 2013 he made a joint will with my Mum who is still alive putting my brother and I onto the deeds of the house, we have another sister who my dad decided not to add to the deed's because she had had the equivalent in money.
So the deed's to the house state myself, my brother and my mum in third ownership.
The family have had a breakdown in communication's and now my mum wishes to sell the house and is seeking my brothers permission to sell.
I do not think my brother will actually give his blessing.
My question is can my mum just sell the house without our permission? Will anyone actually question the deed's? Will the solicitor in charge of the sale look at the deed's prior to a sale?

Thanks for any assistance in this matter.

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@Shunna,

Your mother can sell her share of the house, she only has one third. Your brother can also sell his share. They are most likely not in and position to force you to sell your share and unless you are ruled in some way incompetent, they most likely cannot just sell your share without your permission. However, there may be other factors, perhaps a clause within the will, which indicates that if two of you decide to sell, the third must also sell. It will also likely vary according to where you live.

In other words, your best choice is to contact an attorney (solicitor), who will be able to better guide you on this matter.

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@Sturgis,

But what outsider would buy a third of a house? - maybe a business, but not a house.

In the US, any realtor would demand all signatures on the (selling) listing agreement.

Your mother sounds like she needs $. Why don't you and your brother buy her out? She can then quick claim deed to you both.

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@Shunna,

Shunna wrote:

...Will the solicitor in charge of the sale look at the deed's prior to a sale?...

Gosh I hope so. To not do so would probably be malpractice on the solicitor's part.

Agree with Punkey - you and your brother can buy your mother out and get a quitclaim deed.

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@Shunna,

Without common accent individuals have to sell his/her own share. Consulting an attorney is more appreciable.

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