Administrators son moved into deceased property rent free and delaying sale of house.

[Duvettog13]

Hello,

Could someone please advise me as a 50% beneficiary of my late father's estate am I entitled to ask for backdated rent to be paid to the estate if the administrator's son has been living there rent free for nearly one year?

My sister applied for LOA following the death of our widowed father, he died without a will. Before the LOA had been granted her son and his girlfriend moved into my father's house, my sister stated he was looking after it. It has been nearly one year; my sister has not put the house up for sale, and I verbally objected to my nephew living there. She told me her son would buy me out of my 50% share after getting a valuation from an estate agent. I asked them for proof that my nephew had the funds before agreeing to this, but she did not provide any. Do I have the right to not agree to private sale and ask for the house to be sold on the open market?


Any help would be greatly appreciated, thanks.

[Pezza54]

Hi
Welcome to LB

As your sister has been appointed estate administrator she has to carry out legal duties
Please read "Understanding Intestacy Rules: Who Inherits Without a Will?" at www.clarkewright.co.uk
The steps and responsibilities of the administrator are covered in this article
Liquidating assets (selling the property) and distributing funds (after expenses are deducted) are two of the duties

Your sister should now start the property sale process and ensure it is sold at the current market value, so you can receive your rightful inheritance
After the property is sold she should produce full estate accounts, detailing estate and administrator expenses

As a main beneficiary you are entitled to ask to see the accounts
There is an argument that her son was taking care of security of the property and the property would not have been rented out during the probate process
However, you should ensure the costs of electricity, gas, water etc consumed at the property by the son and his partner are not deducted from estate funds

If you have problems with your sister not taking her responsibilities seriously, your first step should be contacting a solicitor to draft a warning letter

Please read Provision 28 of the Administration of Estates Act 1925