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Probate & illegal dealings

kazzybee
kazzybee Posts: 30 Forumite
Part of the Furniture Combo Breaker
in Deaths, funerals & probate
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
KIND REGARDS
KAZZYBEE :hello:
«13

Comments

  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 5 December 2017 at 5:33PM
    kazzybee wrote: »
    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
    Technicly the executor is entitled to rent it out as long as the rent is paid into the estate. As a landlord the executor needs to comply with all the legal requirements of being a landlord. Whilst there is no fixed term for applying for probate the executor should do so ASAP.
  • Keep_pedalling
    Keep_pedalling Posts: 22,466 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    How long has this been going on? Was the property being rented out by the deceased?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    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.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    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.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    We shall be able to help the OP better if they give more information.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    Yorkshireman99 wrote: »
    We shall be able to help the OP better if they give more information.
    Which seems somewhat lacking. We haven't heard anything back from them despite them asking for our help.
  • chesky
    chesky Posts: 1,341 Forumite
    Eighth Anniversary 1,000 Posts
    Probably has realised the executor has not acted incorrectly and doesn't like the responses.
  • Margot123
    Margot123 Posts: 1,116 Forumite
    chesky wrote: »
    Probably has realised the executor has not acted incorrectly and doesn't like the responses.
    Yes, this is usually what happens when posters want agreement with their argument rather than independent advise.
  • kazzybee
    kazzybee Posts: 30 Forumite
    Part of the Furniture Combo Breaker
    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:
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 5 December 2017 at 4:33PM
    kazzybee wrote: »
    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.
    Sorry to say but you are wrong about the property rental. The executors are perfectly entitled to do this subject only to them complying with all the regulations relevant to landlords. They do NOT have to wait for probate to do this. Any rental incme belongs to the estate and is subject to income tax.The executors are required to apply for probate withn a reasonable time. When there is IHT payable they have to do it within a fixed timescale. If they do not do so they will be personally liable for any penalties not the estate. Do you know the value of the estate? What is your interest in the estate? Are you a beneficiary?
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