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

xylophone

I seem to recall when this subject has come up before on these boards that the consensus has been that no rent is due, but that the occupant should immediately take over paying the utility bills, council tax etc - but I can't find a link to supprt that view at present.

https://forums.moneysavingexpert.com/discussion/comment/78374772/#Comment_78374772

Malthusian

LUTONTOWN1 said:

              Am I wrong in expecting , whoever is occupying the family home should be paying a rent ? Money to go into the assets of the estate , and when probate is granted , settled according to the terms set out in the will ?   

To summarise the link that xylophone posted, they shouldn't. The other siblings are free to join them in their* new house to also live rent-free (albeit sharing the utilities and council tax). If they don't want to that's not the occupying owner's problem. The onus is on the non-occupying owners to force a sale.

*"their" as in "belonging to all three of them"

LUTONTOWN1

Probate has been granted . Can I request details of bank account of the deceased from the trustee ,  as I am a beneficiary.   

Linton

LUTONTOWN1 said:

Probate has been granted . Can I request details of bank account of the deceased from the trustee ,  as I am a beneficiary.   

You can ask the executor whatever you want.  Whether they choose to provide it is up to them.

The only requirement on an executor is that they provide a final set of estate accounts to all residual beneficiaries (ie you get some percentage of the estate when all debts and specific bequests have been met) when the estate is closed.

LUTONTOWN1

Thanks , but what if they are living in a property , the only asset of the estate,  and refuse to sell the property? Therefore not distributing the assets equally as per the terms of the Will .  I believe that funds from my Mothers bank account were channeled out before her death , to the benefit of a trustee .     

Brie

Can the bank provide you with recent statements?  Don't take the "we can't due to data protection" line as it doesn't apply after someone has died.  And you can advise them you suspect fraud if you wish.  

It may get messy and you may need to get solicitors involved if Sis refuses to move out to allow the house to be sold.

LUTONTOWN1

I put in a stop on probate back in 2021 , as I was unsure what was going on . As everyone knows , except apparently my Sister, it only last six months . However I was blamed for the delay in grant of probate . She now claims a admin error at probate office for not automatically renewing the application . Basically she sat back and did nothing until she received a warning from my solicitor , then suddenly its granted . I have found out a ISA was taken out in the name of her son with funds from my Mothers account . My Mother was diagnosed with dementia before this was put in place . She would have had no idea what a ISA was . My sister had full control of her monies . Was it used as a way of channeling money out of the account so there would be nothing left to share out equally ? Also money was spent from the account after my Mother was placed in a care home 3 months before her death . These are of coarse my own opinions and a view of her bank account would confirm the truth .