Mum died one son living in house, another elsewhere

anon_private

Can anyone answer the following question (UK law).

If mum owns a house and dies and one son is living in the house and another lives elsewhere then who is responsible for the utility bills and council tax.?

Assume that the will leaves half the house to each son

Thanks

PasturesNew

Utility bills and council tax will be solely for the person living in the house. Somebody not living there isn't incurring any of the cost.

naturalbornwinner

Hi,

I'd have thought that the son still living in the house is liable for the monthly bills on the property.

If there's bad feeling from the son still living there, I guess he'd have no option but to sell, and split the money in half?

Regards,
naturalbornwinner

Gigervamp

Shouldn't the son living there also be paying the other son some rent?

naturalbornwinner

Gigervamp wrote: »

Shouldn't the son living there also be paying the other son some rent?

Why would he be paying for somewhere that he's not living?

G_M

Did mum leave a will? If yes, who is/are the Executer(s)? He/they are now responsible for the deceased's property.

If no will, who is applying to administer the Estate? Same answer as above?

All of mum's assets (bank acounts, invetsments, car, clothes, premium bonds, house, helecopter etc) now form part of her Estate and need to be managed properly.

anon_private

G_M wrote: »

Did mum leave a will? If yes, who is/are the Executer(s)? He/they are now responsible for the deceased's property.

If no will, who is applying to administer the Estate? Same answer as above?

All of mum's assets (bank acounts, invetsments, car, clothes, premium bonds, house, helecopter etc) now form part of her Estate and need to be managed properly.

I believe that mum did leave a will and that the son living elsewhere is the sole executor

Gigervamp

naturalbornwinner wrote: »

Why would he be paying for somewhere that he's not living?

You've misunderstood my question. I asked if the son who IS living there, should be paying rent on the portion that the son who IS NOT living there owns, to him.

I'm sure I've seen this mentioned before.

marliepanda

Gigervamp wrote: »

You've misunderstood my question. I asked if the son who IS living there, should be paying rent on the portion that the son who IS NOT living there owns, to him.

I'm sure I've seen this mentioned before.

If the other son wanted it they could come to an arrangement. I don't think There's anything legally requiring it.

G_M

It depends where in the process you've got to.

Let's assume:

* mum has died
* son A (who lives elsewhere) is the Executer
* probate has not yet been granted
* son A as Executer is now responsible for the property, the income to the estate, and the outgoings from the estate
* son A could, in theory, require son B to either
a) vacate the property pending probate, or
b) remain in the property, paying rent to the estate, + paying council tax, utility bills, and everything else a tenant generally pays, or
c) if relations are good, the two sons could reach some other agreement

A key question though is: following probate, and payment of all bills out of the estate including any Inheritance Tax, what will happen to the property?

* will the two sons (now as Beneficiaries) continue to jointly own the property? If so, what will B pay A in compensation for him (B) living there while A does not?

* will B buy A's share of the property? How?

* will the property be sold, and the proceeds split between A & B? If so, B should certainly put in motion steps to get the property ready for sale, including making sure it is vacant (ie, evict

naturalbornwinner

Gigervamp wrote: »

You've misunderstood my question. I asked if the son who IS living there, should be paying rent on the portion that the son who IS NOT living there owns, to him.

I'm sure I've seen this mentioned before.

Apologies gigervamp. I see where you're going now. Paying rent to the other son as he is effectively the beneficiary.

My bad!