One beneficiary is living in the family home . Will shares the property to the three children .

xylophone

and the executors have now obtained probate. 

I am not sure that this is the case.

RetSol

I am not sure that this is the case.

Apologies - you may be right.  That doesn't affect the gist of my post, however. 

The first step then is for the OP to ask the brother to apply for probate. It is possible for a single executor to apply and he can do it without the original will - https://www.gov.uk/applying-for-probate/if-youre-an-executor. 

TBagpuss

My understanding was hat they had not obtained probate. I agree it is relatively early days but if OP thinks that there is a real risk that his sister will deliberately not apply (and we don't know exactly what the email said) it's worth noting that removing an executor is much more difficult once probate has been granted.

However, either way I think the first step is to talk to the brother, raise the concerns with him and ask him for an update. It may be that he is beavering away to get everything together to apply for probate and is fully aware of his responsibilities as executor.

sammyjammy

If she refuses to move out surely a rental figure can be agreed by the executor, if she doesn't pay it then it will just build up and eventually be removed from her share when the house is eventually sold.  She can't expect to live in a house she only owns 33% of!

LUTONTOWN1

Unfortunately she is an executor that is living in the house so thinks she has the upper hand .In her head she has a right to stay there ,and without playing rent !  I will post up a copy of her email tomorrow with names redacted .I keep reading  it and just flabbergasted by her total disregard  of her obligations to her brothers .   

RAS

Luton

Basically, I agree with you, but you do need to give executors a bit of time to grieve before pushing them. A year is certainly reasonable.

Do you have any idea why your parents did not also make you an executor?

RetSol

A year is certainly reasonable.

It's called the executor's year.  An executor is not obliged to distribute the estate before 12 months have elapsed since the date of death. 

LUTONTOWN1

Yes that is absolutely fine and reasonable . But what is not acceptable is the assumption that they are free to live in the joint asset rent free . A rental value of £1100 in the area is common ,but would accept that £900 is fair given it is a three bedroomed house with off street packing and her son is able to run a delivery business from the location . My brother and myself have to play rent .   

RAS

Assuming you are in England or Wales............

Until the executors of the estate transfer the property to the beneficiaries, the estate is legally due to pay the costs of running the house. OK, there would be a Council Tax exemption if it were empty, so your sister should pay that. 

You would unwise to demand your sister pay rent. Even though you are members of the same family, the minute the estate accepts rent they create a legal tenancy which will be difficult to terminate quickly. The earliest date notice can be given is 4 months into a 6 month tenancy, and given Covid it could easily take 15 months after the tenant fails to leave to extract them. 

Given your sister would be both the tenant and representing the estate, the estate is not likely to be chasing the tenant with the full vigour of the law and with the current backlogs even the most vigourous would take over a year.

There are also a whole load of legal requirements regarding tenanted properties that could cost £thousands to remedy or render the right to claim rent void/subject the estate to potential fines. If you read other threads, advice on this forum is not to rent out a property that is going to probate.

And of course if your sister moves out, the cost of additional insurance would be paid by the estate unless the current insurers allow a short "probate holiday."

So the balance of costs versus benefits is rather different from the executors' angle. 

It is reasonable to expect your sister and brother to have applied for probate within a year, and to start marketing the property once probate is granted. Again. it's taking anything from a few days to 9 months for probate to be granted at the moment. You may be able to see online when it's granted before they even get a letter.

So relax until then.

LUTONTOWN1

If it was not costing you money to live somewhere ,would you leave voluntarily ? The only thing that would cause her to move is if she could not afford it . I except it will take possibly 1 1/2 years to sort , so we are talking about £18000 .  Unfortunately I have to live on benefits until my retirement  in 1 1/2 years , so is my brother . He is working , but will be receiving housing benefits etc , is that right when technically we own property worth 100,000 ?