Probate & illegal dealings
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kazzybee
Posts: 30 Forumite
Can anyone please advise as to whom to contact in respect of a death that has occurred & the executor has NOT applied for probate but is renting out a property that is NOT theirs to do that with.
Please can anyone give me any pointers as this isn’t right or legal.
Thank you
Please can anyone give me any pointers as this isn’t right or legal.
Thank you
KIND REGARDS
KAZZYBEE :hello:
KAZZYBEE :hello:
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Comments
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Can anyone please advise as to whom to contact in respect of a death that has occurred & the executor has NOT applied for probate but is renting out a property that is NOT theirs to do that with.
Please can anyone give me any pointers as this isn’t right or legal.
Thank you0 -
How long has this been going on? Was the property being rented out by the deceased?0
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If by executor you mean the named person in a will then they will be acting as trustee of the estate assets.
What in the will makes you think they can't rent out the place?
Someone will have to take them to court, usually that will be a beneficiary.0 -
I think we need a bit more detail in order to comment:
- Are you certain Probate hasn't been applied for/granted? You can check here: https://probatesearch.service.gov.uk/#wills
- Was the property previously let to the same tenant? Perhaps the executor doesn't want to make them homeless.
- If it has been let since the owner's death, find out if there is a letting agent involved. A Rightmove search should find the details, or you can Google the address followed by 'to let' 'for rent' etc.
Having been an executor several times, this matter doesn't appear at all odd to me from the information you have provided so far.0 -
We shall be able to help the OP better if they give more information.0
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Yorkshireman99 wrote: »We shall be able to help the OP better if they give more information.0
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Probably has realised the executor has not acted incorrectly and doesn't like the responses.0
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The executor cannot do anything re money or property until probate has been granted, there for they cannot rent out a property that isn’t legally theirs.
So again I will ask who I can report this issue to. The property in question has never been rented out, it was lived in by a couple who had it from new some 58 yrs ago. As stated the property was left to 2 executors but without registering the will or applying for probate the executors are renting the property out.
As the estate will eventually go to said executors but the rental money will not be put into the estate and again I reiterate the executors cannot do anything until probate applied for & knowing the people involved they will be whittling down the monies to avoid inheritance tax.
Anymore questions please ask.KIND REGARDS
KAZZYBEE :hello:0 -
The executor cannot do anything re money or property until probate has been granted, there for they cannot rent out a property that isn’t legally theirs.
So again I will ask who I can report this issue to. The property in question has never been rented out, it was lived in by a couple who had it from new some 58 yrs ago. As stated the property was left to 2 executors but without registering the will or applying for probate the executors are renting the property out.
As the estate will eventually go to said executors but the rental money will not be put into the estate and again I reiterate the executors cannot do anything until probate applied for & knowing the people involved they will be whittling down the monies to avoid inheritance tax.
Anymore questions please ask.0
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