Co-Executor Demanding Rent

[CH99]

Hi all,

I am new to LB 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 asserts are in the process of being gathered for distribution. The property is up for sale on the property 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 per 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,
CH

[Pezza54]

Hi
Welcome to LB

You stated there is a solicitor dealing with the estate. Did you agree this appointment with your sister and when was the solicitor appointed?

Who is paying utility bills and council tax for the property?

The property is now on the market after probate was obtained last July. Have you made it clear to the estate agent and potential buyers that you are residing at the property temporarily (as a deterrent to any squatters) and will vacate the property when exchange takes place?

[atticus]

Your living in the property is preventing it being sold, and the sale proceeds being distributed to the beneficiaries. You are in effect keeping your sister out of her inheritance. A claim can be made for "occupation rent".

[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.

Yes, I did agree to us both using the same solicitor to deal with my mother’s estate. The issue of rent has come about through another solicitor that my sister has spoken with. A quite disturbing letter was received.

I just wish to move on and being to an end the stress and worry if this all. The grief alone is hard enough to deal with. Without receiving threatening letters.

Many thanks all.