Move into property during probate?

vouch0r

Hi all,

I would like to find out if it would be possible to move into an empty property while it is in probate?
my grandmother passed away and my my mother is the executor of the will, there is a bit of outstanding debt on the property which is going to legal aid for a divorce which is approx 10k which was for a long and complicated divorce and my grandfather has a charge on the property which is when it sells get i believe 40% of the sale.

so my question is would it be OK to move in for a couple of months while i help sort the flat out and move back out when it sells?

pmlindyloo

Who was the property left to?

Yorkshireman99

vouch0r wrote: »

Hi all,

I would like to find out if it would be possible to move into an empty property while it is in probate?
my grandmother passed away and my my mother is the executor of the will, there is a bit of outstanding debt on the property which is going to legal aid for a divorce which is approx 10k which was for a long and complicated divorce and my grandfather has a charge on the property which is when it sells get i believe 40% of the sale.

so my question is would it be OK to move in for a couple of months while i help sort the flat out and move back out when it sells?

An executor must not take advantage for their own benefit. So it is not really acceptable.

vouch0r

the will was left 50% mother, and 25% each to myself and sister

Marktheshark

You can rent it with agreement of the administrator.
All parties have to agree to the terms, however as evicting you could mean you end up parked their for 9 months then they might not agree.

wwl

Yorkshireman99 wrote: »

An executor must not take advantage for their own benefit. So it is not really acceptable.

But the executor has a duty to protect it, so moving in as a house-sitter may be a pragmatic way to keep an eye on it if it would otherwise be left empty, and probably easier and less risky than renting it out, if renting is even possible given the condition etc.

PasturesNew

There is no problem, in principle, in you doing this. So long as everything else is taken into consideration.

If you're securing the property, keeping it lived in, not dossing, not upsetting anybody else, not muddying the waters, etc, then as a reasonable adult it's fair that you should have fair use.

However, if there's any problems, any arguments, disagreements, problems, unusual circumstances, etc, then stay away.

I probably stayed in one, didn't really give it a second thought to be honest. I was there until the house sold. It was all fine with the other interested parties/executors, I wasn't taking any advantage, I was independently 'wealthy' so wasn't going to become a squatter or cause problems moving out immediately it sold etc.

So, for a reasonable person, in regular circumstances, it isn't "banned". But you don't half get some funny people asking these questions sometimes.... people with baggage and issues and squabbles. They shouldn't do it.

SevenOfNine

Assume those who 'move in' to the empty pending probate properties have told their Local Authority & started to pay council tax. It stops on the production of the death certificate & restarts 6 months after probate is granted, unless it's officially occupied sooner.

Our probate homes metered water rates has stopped as well, & will restart when it's sold so free water until then, (not sure if there's a time limit following probate completion as well though).

Yorkshireman99

SevenOfNine wrote: »

Assume those who 'move in' to the empty pending probate properties have told their Local Authority & started to pay council tax. It stops on the production of the death certificate & restarts 6 months after probate is granted, unless it's officially occupied sooner.

Our probate homes metered water rates has stopped as well, & will restart when it's sold so free water until then, (not sure if there's a time limit following probate completion as well though).

Occupying requires payment of all taxes. What you are suggesting is fraudulent.

getmore4less

Occupying makes a lot of sense in most cases.

It often makes clearing and prepping for sale more efficient.
Occupation makes the place more secure.

Council tax is often the killer especially as in most cases the occupants have other property they are still paying CT on..

What you can do if you have access to them and it will be convenient is move a student in.

Then any time you are there to deal with things you are just guests.

Yorkshireman99

getmore4less wrote: »

Occupying makes a lot of sense in most cases.

It often makes clearing and prepping for sale more efficient.
Occupation makes the place more secure.

Council tax is often the killer especially as in most cases the occupants have other property they are still paying CT on..

What you can do if you have access to them and it will be convenient is move a student in.

Then any time you are there to deal with things you are just guests.

Still a breach of trust by the executor. Executors need to realize they have that duty and abide by it.