Probate dispute can I rent out property from the estate?

by Readers Question

14:05 PM, 25th March 2015
About 4 years ago

Probate dispute can I rent out property from the estate?

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Probate dispute can I rent out property from the estate?

My husband is the executor of my late mother’s estate (her only asset was her home), and I was her only beneficiary.

My niece has now placed a caveat on the will so probate cannot be granted until the dispute has been resolved. As executor can he rent this property out?

We had no intention of selling the property and was going to add it to our portfolio but wanted to ensure the safety of the property in the meantime so that it does not fall into disrepair or is subject to vandalism.

Many thanks

Karenprobate



Comments

Neil Patterson

14:11 PM, 25th March 2015
About 4 years ago

Hi Karen,

Your suggestion makes sense to a layman (myself), but I do not know how complicated your situation or probate law is.

I have recently sought help myself and Cotswold Barristers put me in contact with one of the top Probate Barristers in the country. His advice was excellent and very straight forward. If you need further help you can make contact on this page if you wish >> http://www.property118.com/member/?id=1945

Karen Archer

20:32 PM, 25th March 2015
About 4 years ago

Thank you Niel

Puzzler

12:41 PM, 28th March 2015
About 4 years ago

I don't believe he can rent it out before probate is granted. I was so advised when my mother died. Why does your cousin come in to the equation? I'm puzzled as to why she thinks she has a claim...

Karen Archer

14:33 PM, 28th March 2015
About 4 years ago

Reply to the comment left by "Puzzler " at "28/03/2015 - 12:41":

It is my niece (my mother's grandaughter) disputing the Will.

Puzzler

20:48 PM, 5th April 2015
About 4 years ago

Reply to the comment left by "Karen Archer" at "28/03/2015 - 14:33":

Oh sorry got the relationship wrong (idiot!), on what grounds does she dispute it? She is not next of kin? Was she dependent on your mother? If so then she might have a claim. You need to find out what she is claiming and if you cannot settle with her, get your two solicitors together. If she was not dependent she is wasting time and solicitors do not like that.

Karen Archer

22:15 PM, 5th April 2015
About 4 years ago

Reply to the comment left by "Puzzler " at "05/04/2015 - 20:48":

She was not a dependant but a previous will gave a gift to all of the grandchildren. She is questioning the manner in which the will was drafted and incinuating some wrongdoing

ashley nissim

9:20 AM, 7th April 2015
About 4 years ago

There should be no issue with renting the flat out on a commercial basis as long as the rental proceeds are kept within the Estate. It is the Estate's money.

Karen Archer

12:04 PM, 7th April 2015
About 4 years ago

Reply to the comment left by "ashley " at "07/04/2015 - 09:20":

We have a separate bank account to deal with estate matters and keep full records of anything that has had to be paid out so far. Hopefully the issues can be resolved in a timely manner.

Puzzler

13:46 PM, 18th April 2015
About 4 years ago

Ashley, as I said above you can't let it until probate is granted as no-one has the authority to do so. The executor is appointed by the grant of probate not the will. There is no-one to name as landlord. Also he would have to have an executor account unless everyone agrees which sounds unlikely. Also if the decision goes against you, it might be the grandchildren who get the income not you.

Karen, you need to instruct a solicitor asap and get the will issue resolved. If the grandchildren's' legacies were small why not pay them anyway? Good luck, let us know how you get on.


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