RENT PAYMENTS ON FAMILY HOME .

LUTONTOWN1

                     I am waiting for Probate to be granted on my Mothers estate , consists of a property , My sister is occupying it at present . She refuses to accept that she should pay a rent amount into the estate . This maybe a situation I have to accept , however , it is basically a two bedroom property . I have had advice that I should move back in , which would save me paying a rent where I live now .   Two things prevent this , 1 we hate each other , 2 and the main one is , her son who is in his late forties  is living there .  Now my contention is that he should be paying rent . A shared rent in similar property in the area would cost around £450 a month plus rates etc .    Am I expecting too much ?  

Stubod

..yes you are expecting too much as I don't think they need to pay rent looking at similar threads on the subject?

xylophone

 I am waiting for Probate to be granted on my Mothers estate , consists of a property

I assume that you mean that the executors (your sister and brother) have now applied for probate of your mother's will which leaves the property in equal shares to the three of you?

The rent question was discussed in your old thread here

https://forums.moneysavingexpert.com/discussion/comment/78449279/#Comment_78449279

LUTONTOWN1

Why should he be allowed to stay there ? He is effectively stopping me occupying my own property . What would happen,  if she was to suddenly die ?  His two sisters would be sure to want their part of the estate .  

xylophone

You seemed to indicate that the will leaves the property to you and your two siblings.

The executor must either transfer the property into the names of all three of you or (if she wishes to stay there with her son) buy you and your brother out or sell the property and distribute the proceeds in equal shares between all three of you.

As a part owner, you will have the right of access and abode in your property.

But your sister has an equal right and she also has the right to have a family member (her son) to stay in her home.

If your sister were to die tomorrow, her share of the inheritance would pass according to her will (or under the rules of intestacy).

If your sister refuses to sell or buy you out, you may need to apply to the court for an order for sale.

LUTONTOWN1

  Once a probate is granted ,and the estate is left to three beneficiaries listed in the Will . I would be deemed to be part owner ?    I would therefore have to declare my part interest in a property worth £330, 000  even though I in effect have no access to it .
It would be deemed to be like having £110,000 in a bank account accruing interest. I reach retirement age next year , my pension would not cover my housing and living costs . At present I am receiving help with housing benefits. 
     My sister has come up with a copy of a "draft will "  she claims it was not signed due to covid lock down . In this "new will" it gives  a right of rent free occupation for a period of ten years to my sister . I would point out that my mother was diagnosed with dementia  previous to this "new will " being  complied . I am certain this was complied at my sisters instigation , and with very little comprehension of the consciences on my mothers part .        

p00hsticks

An unsigned draft will dated after the alleged writer was diagnosed with demantia isn't going to be worth the paper it's written on....

Keep_pedalling

LUTONTOWN1 said:

  Once a probate is granted ,and the estate is left to three beneficiaries listed in the Will . I would be deemed to be part owner ?    I would therefore have to declare my part interest in a property worth £330, 000  even though I in effect have no access to it .
It would be deemed to be like having £110,000 in a bank account accruing interest. I reach retirement age next year , my pension would not cover my housing and living costs . At present I am receiving help with housing benefits. 
     My sister has come up with a copy of a "draft will "  she claims it was not signed due to covid lock down . In this "new will" it gives  a right of rent free occupation for a period of ten years to my sister . I would point out that my mother was diagnosed with dementia  previous to this "new will " being  complied . I am certain this was complied at my sisters instigation , and with very little comprehension of the consciences on my mothers part .        

The rental issue is not what you should be concentrating on. The last thing you want is to be part owner of the house with your sibling. Make it clear to the executors that you want your share paid in cash, which will mean the house will need to be sold or one or both of them buy your share out. Put this in writing. 

The draft will has no legal standing, but in the end I think you will probably be forced to take legal advice to to this resolved.

Might be worth signing up to the property alert service with the land registry which will give you a heads-up on any application submitted to them.

LUTONTOWN1

She is totting up all her loses and expenses due to being my mums carer . That is fair enough , but I will point out her middle aged son has gotta way rent free for 6 years . H e has been allowed to avoid paying nearly £45000 in rent .  

LUTONTOWN1

Keep_pedalling said:

LUTONTOWN1 said:

  Once a probate is granted ,and the estate is left to three beneficiaries listed in the Will . I would be deemed to be part owner ?    I would therefore have to declare my part interest in a property worth £330, 000  even though I in effect have no access to it .
It would be deemed to be like having £110,000 in a bank account accruing interest. I reach retirement age next year , my pension would not cover my housing and living costs . At present I am receiving help with housing benefits. 
     My sister has come up with a copy of a "draft will "  she claims it was not signed due to covid lock down . In this "new will" it gives  a right of rent free occupation for a period of ten years to my sister . I would point out that my mother was diagnosed with dementia  previous to this "new will " being  complied . I am certain this was complied at my sisters instigation , and with very little comprehension of the consciences on my mothers part .        

The rental issue is not what you should be concentrating on. The last thing you want is to be part owner of the house with your sibling. Make it clear to the executors that you want your share paid in cash, which will mean the house will need to be sold or one or both of them buy your share out. Put this in writing. 

The draft will has no legal standing, but in the end I think you will probably be forced to take legal advice to to this resolved.

Might be worth signing up to the property alert service with the land registry which will give you a heads-up on any application submitted to them.

  I have reinstated the caveat to stop probate .  Hope she will issue a warning ,so I can apply for an appearance to point out she has no intention to carry out instructions contained in the Will . 

p00hsticks

LUTONTOWN1 said:

Keep_pedalling said:

LUTONTOWN1 said:

  Once a probate is granted ,and the estate is left to three beneficiaries listed in the Will . I would be deemed to be part owner ?    I would therefore have to declare my part interest in a property worth £330, 000  even though I in effect have no access to it .
It would be deemed to be like having £110,000 in a bank account accruing interest. I reach retirement age next year , my pension would not cover my housing and living costs . At present I am receiving help with housing benefits. 
     My sister has come up with a copy of a "draft will "  she claims it was not signed due to covid lock down . In this "new will" it gives  a right of rent free occupation for a period of ten years to my sister . I would point out that my mother was diagnosed with dementia  previous to this "new will " being  complied . I am certain this was complied at my sisters instigation , and with very little comprehension of the consciences on my mothers part .        

The rental issue is not what you should be concentrating on. The last thing you want is to be part owner of the house with your sibling. Make it clear to the executors that you want your share paid in cash, which will mean the house will need to be sold or one or both of them buy your share out. Put this in writing. 

The draft will has no legal standing, but in the end I think you will probably be forced to take legal advice to to this resolved.

Might be worth signing up to the property alert service with the land registry which will give you a heads-up on any application submitted to them.

  I have reinstated the caveat to stop probate .  Hope she will issue a warning ,so I can apply for an appearance to point out she has no intention to carry out instructions contained in the Will . 

How is stopping probate helping you ? Surely you want probate to go through so that you can then force a sale and get your inheritance ....