Co-Executor demanding rent.

CH99

Hi all,

I am new to the forum and come here looking for some guidance. Apologies if this has been answered previously.

My mother passed two years ago. Her will named my sister and myself as co-executors and beneficiaries. We had and still have a very fractious relationship. Before my mothers funeral my sister was looking to find my mothers will and begin the process of applying for probate. It was the last thing on my mind.

A few months after my mother’s passing I moved into her home as I was between properties and grieving her loss. My father passed 15 years ago. I have found it very hard to deal with her constant badgering to move things forward. Probate was granted at the end of July 2024. There is liquid assets across three bank accounts, as well as the property. We share the same solicitor who is dealing with the estate. Currently the cash assets are in the process of being gathered for distribution. The property is up for sale on the open market.

I recently have had a letter from another solicitor threatening to have me removed as an executor. Also that as I have been living in the property that rent is due to the estate. I find this horrible behaviour on the part of my sister.

My question is am I liable to pay rent for the time I have lived in the property? There is nothing written in the will or on the grant of probate that says this.

Apologies for the long message. I need some guidance if anyone would be so kind.

Many thanks 🙏 

Voyager2002

Yes, it is reasonable that you should pay rent to the estate.

Having said that, creating a tenancy would cause all sorts of problems. A sensible solution would be for you to "pay" for living in the house by taking care of it and getting it ready for sale, and perhaps making some reasonable financial contribution as well. This would work if there is a degree of goodwill: if you cannot cooperate even to that extent with your sister it would be better if you could move out and rent somewhere for yourself. After all, your sister has had to pay her own housing costs during all this time, and probably she has also found the process difficult.

Flugelhorn

there can definitely be an advantage to the estate to having someone living in the house, however it is also a benefit for you.

Might be better to move out if you can't come to an agreement, this may make selling the property easier.

there should be no reason to remove you as an executor  

Keep_pedalling

If your sibling is taking legal action to have you removed as an executor the most likely reason is that you are causing unreasonable delay in obtaining probate and winding up the estate. Do you have probate yet? If not why not? 

It’s unlikely that you can be forced to pay rent, but as the occupant you are liable for all utility bills and council tax, have you been doing that?

My advice to you is you want to avoid expensive legal costs and get some closure, is to let your sibling get on with winding up the estate and get the house on the market. Either agree to pay rent or move out ASAP. If you are holding up probate just renounce your powers and let her get on with it. 

Flugelhorn

I see probate was granted in July 2024 so now is the time to start winding up the estate

RAS

Have you been paying the CT and utilities since moving in? If not, offer to pay now or have the cost deducted from your share.

In practice, your sister would be barmy to insist on rent, as that means she becomes a landlord with all the legal duties of a LL and has to give the requisite notice. That's one way of making the relationship really rocky.

But if the house is on the market she needs to be confident that you will be moving out before exchange can happen. Where are you in the search for new accommodation?

CH99

Hello all,

I have been paying all bills including council tax, maintenance and repair costs, and keeping the property in good order.

The house is on the market and I will vacate the property if a buyer is found. I am not obstructing the sale, as I myself would like to move on with life.

The thing that concerns me is getting threatening letters in the post. I feel they might be some sort of scare tactic, but a worrying one nonetheless. 

I am searching for a property to purchase myself, but it appears a competitive market with my budget.

Thanks everyone. I really appreciate the comments you all are leaving.

Marcon

Flugelhorn said:

I see probate was granted in July 2024 so now is the time to start winding up the estate

Need to sell the house first...but it's certainly hard to understand why it seems to have taken well over 6 months to start gathering the cash assets (something which could have been well underway even before probate was granted).

OP, you say in your post that you and your sister 'share the same solicitor who is dealing with the estate'. If they are acting for the pair of you in your capacity as executors they can't give you personal advice - but the rent question is certainly 'estate related' and you'd do better to ask them, rather than relying on responses from random strangers who haven't had sight of the will and know nothing about the situation except the paragraph or so of information in your post.

I think if your mother died two years ago and you moved in 'shortly afterwards', your sister has been pretty patient if she's waited this long to raise the question of rent. 

You say you've found it hard to deal with what you see as her 'badgering' you to move things forward, but maybe after two years the time is long overdue to do just that? It could be what your sister needs, even if you are struggling to move on. I wonder how you'd feel if the positions were reversed and she was occupying the home rent free and not (in your view) 'doing anything' to move things to a conclusion? There are two people involved here, and grief hits people differently. Maybe time to see things a little more from her point of view, which doesn't seem at all unreasonable?

Marcon

CH99 said:

Hello all,

I have been paying all bills including council tax, maintenance and repair costs, and keeping the property in good order.

The house is on the market and I will vacate the property if a buyer is found. I am not obstructing the sale, as I myself would like to move on with life.

The thing that concerns me is getting threatening letters in the post. I feel they might be some sort of scare tactic, but a worrying one nonetheless. 

I am searching for a property to purchase myself, but it appears a competitive market with my budget.

Thanks everyone. I really appreciate the comments you all are leaving.

That's quite a mixed message, even if isn't meant to be (and I'm sure it isn't).

Letters are only threatening when you don't like what they say. In this case, it sounds as if your sister has lost patience with the lack of progress and is alerting you to the possible consequences if things don't start moving more quickly. That's not a scare tactic; it's a warning. I think you should heed it.

Maybe consider what she would say if she posted on this website? 'My sister has been living rent free for nearly two years ....etc'.

msb1234

The thing is, the house is owned by both you and your sister yet you have decided to take possession against her wishes. It’s really irrelevant that you're paying the bills - the house could have been rented out on the open market with both of you receiving half the rental each. She is losing out on that rental income whilst you’re gaining because yore living in a property rent free. 
What is your reason for not paying her half of the market rent? 

saajan_12

Sorry for your loss. Removing the emotion (since its presumably hard for sister as well) and looking at it from both sides, sister sounds eminently reasonable. 

If I were you, I'd either offer 50% of a market rent going forwards (you'd still be saving the other 50% and avoiding an extra move) or move out. 

If you want to push it to legals, sister could force you out, which would cost the estate money meaning you both lose out.