Living in deceased estate property

arf85

I am the joint executor along with my uncle for my late dads will. He passed away in Feb this year and I moved back into his property before lockdown started so I could start to clear it out etc.
I am having an argument with my sister who is joint beneficiary with me as she thinks that I should have been paying rent to live in what will be half my house once the probate is sorted out.
Does any one legally know where I stand?
I am currently living In the property along with her ex boyfriend (who hasn't paid a penny) and a lodger (who claims housing benefit and pays approx 290pm)
I should also note that she has taken on the role of landlord with my dads other property and is very coy as to what they pay and the Bill's etc.

getmore4less

Is the other rental part of the estate?
If it is then the rent needs to be going through the estate 

AnotherJoe

Legally you should pay rent.

Realistically whats your grasping sisters idea should you move out?

Would she get someone else in and then be stuck with an unknown quantity?

Why is the ex bf not paying if she wants you to?

Is she paying money into the estate from your dads other house? Have you seen the accounts?

arf85

She's got a separate account that the rent and Bill's from the other property come out of but despite asking numerous times she doesn't tell me what's actually in there.
You mention legally I should be paying rent but at what amount and half of it will come back to me anyway? 

xylophone

What does your joint exor have to say? Has probate been granted? 

I should also note that she has taken on the role of landlord with my dads other property and is very coy as to what they pay and the Bill's etc.

Surely you and  your uncle should be dealing with the income and outgoings relating to estate property?

Has an exor account been opened?

arf85

Probate is going through. The other joint executor apparently agrees with my sister

xylophone

But  you and your uncle should be dealing with financial matters relating to the estate.

Presumably the tenant of the house where you live is paying rent into a bank account - have you advised the bank of your father's death?

If so, presumably the bank is prepared to accept credits into the account.
You could pay the same as the tenant?

And you will need details of income and outgoings on the other property so that you can complete a tax return for your uncle for the year of death and also an estate tax return?

getmore4less

Don't forget the previous lodger they will now most likely be a tenant.
administrators will need to make sure they are legal with gas certs etc. and protect the deposit.

All monies should be going through the estate not the sister.
Administrators should have issued instructions where the rent needs to go and not pay anyone else if that was not ready yet.

Do you want to become joint owners of 2 properties?
Often a very bad idea.
look at options to sell, get bought out or have one each.

simontemplar

hi.my uncle died last november. in a nursing home.i only found out when i went to see him to inform him that his sister had died,my mum.the woman  who arranged his funeral,his neighbour informed me that sometime well before he went into the nursing home he signed his house ovver to her but she refuses to let me see any of the legal paperwork or his will that up to press hasn't gone to probate.he lived in w.yorkshire but she took him all the way to hull to carry out the contract if that's the right word.would she have had to do this through a solicitor and if so will she now be in posession of a new set of deeds.   thanks

xylophone

that sometime well before he went into the nursing home he signed his house ovver to her but she refuses to let me see any of the legal paperwork or his will that up to press hasn't gone to probate

Have you checked at the Land Registry?

https://www.gov.uk/get-information-about-property-and-land/search-the-register

Do you know that he made a will?

If there was a will and the neighbour was named as executor, if the property had been transferred long before death so that there was only cash, she might not have needed probate - some banks will pay out cash up to a certain amount without it.

badger09

simontemplar said:

hi.my uncle died last november. in a nursing home.i only found out when i went to see him to inform him that his sister had died,my mum.the woman  who arranged his funeral,his neighbour informed me that sometime well before he went into the nursing home he signed his house ovver to her but she refuses to let me see any of the legal paperwork or his will that up to press hasn't gone to probate.he lived in w.yorkshire but she took him all the way to hull to carry out the contract if that's the right word.would she have had to do this through a solicitor and if so will she now be in posession of a new set of deeds.   thanks

Probably better to start your new thread, rather than hijack existing one