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Rented Property during probate.

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  • Rented Property during probate.

    I am written Executor of Mums Will, but sibling has issued a Caveat which is now permanent.
    Mums property was rented out as she was in care and this paid towards her care fees. Since Mum passed away tenant stopped paying rent therefore I had to evict her even though she owed over £4000. She has destroyed the house so therefore it needs total renovation and I can't rent out again. The house is supposed to be left to myself, it is not in my name nor am I yet the official Executor, due to caveat.
    My question is, as the property can not be rented out, it needs to be left empty, therefore who is responsible to pay insurance on the property and the utility bills? Is it an estate cost whilst the caveat is in place or my cost as property has been left to me?
    Many Thanks
    Tags: None

  • #2
    Hi Smurfeater,
    the executors duties commence at the date of death. The grant only enables the executor to deal with the property such as selling or renovating. Insurance and security of the house are the executors responsibility even with a caveat in place. Their duty is to maintain the assets pending administration of the estate.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Thank you for your response! Do the cost of the bills and insurance come out of estate?

      Comment


      • #4
        Hi again, until the property is sold or transferred the estate should be insuring and dealing with bills unless there is someone living there of course in which case they should be responsible. However if there were any likelihood a tenant would not insure etc then the estate may have to take a view as this is probably one of the largest assets which you don’t want to burn down.
        Hope that answers the question.
        I am a qualified solicitor and am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          Thank you again!!
          The house is now empty as tenant been evicted, so would it be acceptable for me to pay these from accessible estate funds? Plus if house does eventually come to me, would I need to pay back the amounts for these into estate residue or are these estate expenses until transferred?

          Comment


          • #6
            Hi smurfeater,
            sorry for delay, while the executors have control of the property it is their responsibility to keep it secure and insured so it is a justified as an estate expense. Once the property is sold or transferred then the responsibility transfers to the new owner, so you wouldn’t have to pay back.
            I am a qualified solicitor and am happy to try and assist informally, where needed.

            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

            If in doubt you should always seek professional face to face legal advice.

            Comment


            • #7
              Thank you, I have now transferred all house security and insurance costs to available estate funds. I really appreciate you help.

              Comment

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