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Is rental payable on property occupation before division of an estate?

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  • Is rental payable on property occupation before division of an estate?

    My mother died over a year ago and her widower (not my father) is still living in the flat that she owned. The flat has not been left to him, but rather the estate was divided up by percentages between him, me and my two brothers.

    For various reasons, the estate has not yet been distributed, and the mounting legal costs are being paid from the rental on another property that she owned.

    Could he (my step-father) be considered liable for paying rent to the estate for the flat he lives in (and had shared with my mother, his late wife)?

    There are also very substantial service charges on the flat, which he (my step-father) has been paying. Should they be brought into the equation (as a credit to him, of course)?

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