Threats from late administrator's family

msb1234

boingy said:

Bhaje said:

The question of rent was suggested  many years ago but met with very angry negative reaction and severance of communications with other siblings.

Mate, you need to just put all the emotions to one side and distribute according to the rules of intestacy, regardless of whether it seems fair to you. Once you've done it you can move on and never deal with those folks again.

This absolutely! 

Bhaje

I've had a meeting with solicitor, he thinks the rent issue shouldn't be a problem!. Calculations may indicate that that the two siblings who lived there may/will get nothing. Is this pie in the sky? 

Flugelhorn

Bhaje said:

I've had a meeting with solicitor, he thinks the rent issue shouldn't be a problem!. Calculations may indicate that that the two siblings who lived there may/will get nothing. Is this pie in the sky? 

probably - honestly they are going to fight this and the costs on both sides will use up all the money 

madbadrob

Bhaje said:

I've had a meeting with solicitor, he thinks the rent issue shouldn't be a problem!. Calculations may indicate that that the two siblings who lived there may/will get nothing. Is this pie in the sky? 

NO its a genuine situation and one you as administrator as to take into consideration.  As Flugelhorn states they could fight this and it could end up costing you all.  However unless all the entitled are in agreement to ignore the time they lived there and to distribute as if they hadnt you have no choice.  Also if you do go down the lines of recovering the rent you would have to recover any monies owed to the estate if their share didnt cover the total rent costs and again if they refused to accept that your in a legal battle which costs.  Also one I dont know enough about but what about adverse ownership?  Did your lawyer mention this to you?  Adverse ownership is the old idea of Squatters rights where someone living rent free in a property for a prolonged time can make an application to have the property put into their name.  With the brother now deceased that shouldnt be the case but as I say my knowledge on this subject is limited  to what I have put

Rob

Bhaje

Thank you this is helping me to explore the various options. Another question that comes to mind is the failure of previous administrators to resolve the estate back thirty years ago, one of them worked in public trustee office and knew full well the path to follow but didn't. Would this count as negligence?