Executor is not carrying out their duties correctly.

LUTONTOWN1

 A executor who is also a beneficiary , has allowed her middle aged son to live in the property of the estate  rent free for several years . She has never asked or gained permission from the two other beneficiaries for this . It is estimated that he has avoided around £43000 in rent .  Probate has been granted ,however , she has failed to supply accounts for the estate . My solicitor feels I have a good case for her removal from her position of executor .This of coarse comes at a cost . 
                  My sister moved into the property to care for our ill mother in 2016 . Her son moved in at the same time . Our  mother entered a care home in 2020 but died in 2021 , my sister and her son remained in the property . No rent has ever been paid into the estate .
                              Due to caring for our mother it is more than fair she should not pay rent during the time caring for our mother ,however ,it is not correct her son never paid any rent .
                                 Do the beneficiaries have a claim against him ?  

p00hsticks

Previous threads are here
RENT PAYMENTS ON FAMILY HOME . — MoneySavingExpert Forum
One beneficiary is living in the family home . Will shares the property to the three children . — MoneySavingExpert Forum

I'm not sure you are going to get any different responses from the last time you raised a similar issue.
Now that probate has been granted, your efforts might be better concentrated on either getting the property put on the market or getting your sister to buy your share off you, rather than trying to get rent off her son.  

Marcon

p00hsticks said:

Previous threads are here
RENT PAYMENTS ON FAMILY HOME . — MoneySavingExpert Forum
One beneficiary is living in the family home . Will shares the property to the three children . — MoneySavingExpert Forum

I'm not sure you are going to get any different responses from the last time you raised a similar issue.
Now that probate has been granted, your efforts might be better concentrated on either getting the property put on the market or getting your sister to buy your share off you, rather than trying to get rent off her son.  

Quite - and given you've been posting about this since 2021, probably getting some decent legal advice from someone who has all the relevant information would be the best idea, not least because they can if necessary wing off a suitable 'legal' letter to the executor. Unhappily, posting here won't solve the problem or even move it on.

RAS

LUTONTOWN1 said:

 A executor who is also a beneficiary , has allowed her middle aged son to live in the property of the estate  rent free for several years . She has never asked or gained permission from the two other beneficiaries for this . It is estimated that he has avoided around £43000 in rent .  Probate has been granted ,however , she has failed to supply accounts for the estate . 

Whatever you do, do not accept rent from the middle aged son or your sister!

The minute you do that, the estate creates a tenancy. With a minimum 6 month period, which can only be terminated by the executor complying with all the legal obligations of a landlord and being the only person who can give notice.

After which only the tenant or courts can order vacant possession, and it might take bailiffs months to extract him even then.

At present he is probably an excluded occupier or lodger, so has few tenancy rights. You don't want to strengthen those, do you?

Follow your solicitor's advice.