Probate / Monving

Mp42010

Good evening,

I’m currently going through Probate to secure 25% of the house we are currently living in (my family home)

My wife and I have decided to move out of the property due to family reasons and well-being.

We have found a place to rent however as once Probate happens would we have to pay bills / council tax of 25% ? Once we have moved out?

G_M

You need to explain more.


* who has died?
* who inherits what following probate?
* who are the executers?
* who owns the property you live in now?
* who will own the property you now live in after you move out?
* who will live in the property you now live in after you move out?


*

Mp42010

You need to explain more.


* who has died? — My mother
* who inherits what following probate? 50% of my mums half of the house is divided between my brother and myself 25%
* who are the executers? - Just myself
* who owns the property you live in now? - My father
* who will own the property you now live in after you move out? My Father
* who will live in the property you now live in after you move out? My Brother

Flugelhorn

Sounds like:

* it was the family home,
* held as tenants in common by parents
* mother's 50% left to you and brother
* you are moving out (possibly)

I think the "what happens to the property" should have been sorted when the will / tenants in common agreement was set up

people often do this and have to agree between them what happens to the remaining percentage of the house, who is responsible for maintenance ? Can father sell and move elsewhere if he needs to ?
Should the remaining people pay you rent for your 25% ?

Have father and brother indicated what they want to do? Would brother want to buy your 50% ?

davidmcn

Mp42010 wrote: »

once Probate happens would we have to pay bills / council tax of 25% ?

If you're the only occupiers it would seem fair for you to meet 100% of the bills and council tax for the whole period between the date of death and you moving out - that is after all what a tenant would normally be responsible for. What was the arrangement before your mother died?

Any "landlord" costs for maintenance/insurance costs (for the estate's half of the property) ought to be a cost of the estate.

Once we have moved out?

Costs for a vacant property until it's disposed by the executors are an expense of the estate - so 50% the estate for your mum's half, and 50% your father.

getmore4less

Who lives in the property now?

Do you pay rent and/or have a tenancy agreement?
what are the terms of your occupation?

does your mothers will have you inherit the property?
Any life interest for your father?

Utilities and council tax typically fall on the occupants unless there is an agreement the estate will pick them up.

Mp42010

Sounds like:

* it was the family home, - Correct a family home
* held as tenants in common by parents - Correct
* mother's 50% left to you and brother - Correct
* you are moving out (possibly) - Am moving out

I think the "what happens to the property" should have been sorted when the will / tenants in common agreement was set up

people often do this and have to agree between them what happens to the remaining percentage of the house, who is responsible for maintenance ? Can father sell and move elsewhere if he needs to ?
Should the remaining people pay you rent for your 25% ?

Have father and brother indicated what they want to do? Would brother want to buy your 50% ?

My Father doesn’t live in the property and lives in London
My father mentioned about getting someone in to cover us moving out to pay bills etc. My brother probably has no intention of moving out.

Nothing was setup with the Will or back when my parents did the tenants in common.

Alter_ego

To answer the council tax question. Council tax is payable by the occupiers, nothing to do with ownership

getmore4less

Was your mother living there or somewhere else?

Mp42010

Sorry for late reply all, was trying to use this forum via my phone but its VERY pants! At pc now.


Alter Ego - Thank you

Getmore4less - My mother was not living at the property and had a council flat as my parents were separated but still married

DavidMCN


If you're the only occupiers it would seem fair for you to meet 100% of the bills and council tax for the whole period between the date of death and you moving out - that is after all what a tenant would normally be responsible for. What was the arrangement before your mother died?

My Brother lives at the address also, and no arrangement as my mum lived separately. And nothing signed or arranged with my dad apart from living here and paying bills.


Quote:
Once we have moved out?

Costs for a vacant property until it's disposed by the executors are an expense of the estate - so 50% the estate for your mum's half, and 50% your father.

It's not Vacant my brother will remain. And my mum estate as it is wont cover 50% of anything as her savings is very minimal

G_M

You say:

* who owns the property you live in now? - My father

Yet you also say

* held as tenants in common by parents - Correct
* mother's 50% left to you and brother - Correct

so father does NOT own the property. He is joint owner with mother (deceased) who is leaving her 50% to you and brother.


Yes? So following probate, ownership = 50% father, 25% you, 25% brother. Correct?


And brother is going to remain in the property as sole occupant. Yes?


Until Probate, the Estate is responsible for the property and could charge the occupants (you/brother?) rent. CT is responsibility of occupants. Utilities should be paid by occupants. Insurance etc is responsibility of the Estate.

Following Probate
* brother pays council tax and all utilities, as sole occupant
* father and you could request/demand a market rent from brother for your 75% shares of ownership
* repairs/maintenance etc shared 50/25/25% between the joint owners
* beware Capital Gains Tax - as you/father jointly own a property which is not your main residence, you will be liable for CGT if/when the property is sold