Good day i need legal advice urgently my brother is deceased and left a house according to my mother he stated in his will that the house goes to my mother and his son but my mother is too old to handle her matters so she gave my sister letter of authority but now my sister is selling the house without my brothers notice and also according to other family my brother did not leave a will my mother had to apply to the high court to devide my brothers assets i would like to know what my brothers son can do please

Hi there,

I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.

You first need to find out from the Master of the High Court whether there was a Will submitted in the estate. 

Then, you need to find out from the Master who the letters of authority was issued to (this person is the executor of the estate).

If there was a Will, then the executor must follow the terms of the Will. 

If there was no Will, then the executor must deal with the estate in accordance with certain rules of intestate succession. In short, the house should go to your brother's children, and only if he doesn't have any children, will the house go to his parents. 

Also, if the letter of authority was given to your Mom, she can't just give it to your sister. Only the Master can give it to another person. 

Also, you are entitled to file a dispute with the Master's office if you feel that the executor is not doing their job correctly!

Att. Patrick

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