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Renting during probate?

hi all,

my dad died in october and i inherited a mortage free home, its currentlly sitting there unlived in, my question is, is it possible to rent out the house while probate is going through say if i had all finds sent straight to solicitor?

any help would be great =)

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 24 December 2010 at 1:46AM
    Interesting question..! I'm guessing the Executers (I assume there's a will?) have the power to manage the estate until probate and distribution. Obviously they can't ditribute any income till probate, nor could they do anything 'unreasonable' with the assets (No, I doubt if they could buy lottary tickets with dad's savings).

    But renting the property to cover running costs and maximise income to the estate (rent would have to be included for Inheritance Tax purposes), I'd guess yes.

    Try asking the appropriate Probate Registry for guidance though.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I think you would have to be a named executor in a will to even consider this before probate

    If not the named executor you gain the legal rights with the probate.

    AIUI the income does not form part of the estate for IHT, it becomes part of the executors accounts for tax purposes.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I think you would have to be a named executor in a will to even consider this before probate

    If not the named executor you gain the legal rights with the probate.

    AIUI the income does not form part of the estate for IHT, it becomes part of the executors accounts for tax purposes.[/QUOTE]
    Is this not what gets declared for..... IHT???
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