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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10190
Experience:  Barrister 17 years experience
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I own a 1/3rd share of a property with my brother and mother,

Customer Question

I own a 1/3rd share of a property with my brother and mother, where my mother lived for 60 plus years.
Approx' 6 yrs ago, my mother went into a nursing home
I lived in the property for about a year or so before working and living abroad for 2 yrs.
We rented the property out and my brother told me to have all the rent money into my account and he did not require any further income.
I have paid all the maintenance requirements on the house out of this income, paid tax on the income and my accountant has all the invoices from the rental agent and my personal income tax accounts over these years.
Now, my mother has died. My brother is an Executor for her estate and is now dealing with the Probate.
He has now asked me for the rental accounts and my 'mother's share of the rental income' from inception of rental, for the purpose to finalise her Estate.
There was only a 'verbal agreement' on that I should have all the rental income with my brother.
I have a personal bank account, and in it I set up a separate account (headed 'Rent for my brother & mother') where 2/3 rds of the rent has been a standing order within my account.
Where do i stand in paying into my 'mothers estate' after all these years, as requested by my brother ?
Thanking you
A. Clark
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Buachaill replied 1 year ago.
1. Dear A.Clark, I regret to say that you are under a legal obligation to pay over any rent you received in excess of the sums(s) already paid over. This is because you are within the six year time limit for the estate of your mother to make a claim. Additionally, your liability to account to her for rent is strict in law. YOu can deduct outgoings incurred in maintaining the property, but strictly speaking, all rent is hers and belongs to her estate. So you must pay it over, I regret to say.

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