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Deducting money from share of estate

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  • Deducting money from share of estate

    My sibling lived in my fathers house with no payments in rent or mortgages made and refused to leave until the mortgage company repossessed the house. There are remaining funds to be distributed between my fathers 3 adult children who are all personal representatives due to there being no will.

    my question is can we legally deduct a rental amount from my brothers 1/3rd of the remaining funds as he is whole reason we were unable to sell the house and this delayed the distribution of the estate for 4 years since my fathers death?

    also a friend had mentioned charging occupational rent to my brother but can this be backdated and deducted from his share of the estate before it is distributed?

    very confused and just want to tie up the estate so any help is appreciated
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  • #2

    Occupation rent can be taken into account when distributing the estate.
    Disputes might arise however if your sibling disputes the amount charged.
    The question of level of rent set against any maintenance etc might be brought up​​​​​​
    So better to come to an agreement if poss!


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