How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Judge Your Own Question

Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32928
Experience:  Over 25 years experience in law
27487359
Type Your Law Question Here...
Thomas Judge is online now

I am a joint executor of a will.

Resolved Question:

Hi, I am a joint executor and beneficary of a will. There is a property that will be split 50/50 between us two. If one wants to rent this property and the other sell what are the options please?

Can one executor unilaterally rent despite the other's views? This is in England by the way. I would prefer the sell option as renting opens the possibility of the other executor residing in the property albeit paying all the rent to me but I would be out of pocket in that the 100k approx is not mine.

Thanks

Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
what would be the purpose of renting the property - is this allowed for within the will?
Customer: replied 1 year ago.

Thanks, ***** ***** not seen the will itself as yet unfortunately, but not as far as I know is renting mentioned. So you are saying that if renting is not explicitly mentioned then selling is the only course to take? Just a bit of background: the co-executor would like the option of being the tenant in the future and pay all the rent to me as she is not in a secure situation. However, as I am 63 I do not see this as a long term plan! The property is valued at around 200k. Many thanks.

Expert:  Thomas Judge replied 1 year ago.
Some times rental would be considered an appropriate outcome if you were seeking to raise income from the estate for a beneficiary (a child perhaps) but under normal circumstances (these) you would expect the property to be sold rather than rented. The court would support the sale of the property rather than the rental. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.

Much appreciated. Just to close is there anything I should prepare for or look for in the will which I am seeing next week at the probate meeting with the co-executor and solicitor please? In other words is there any way the other executor can override my wishes?

Thanks

Expert:  Thomas Judge replied 1 year ago.
No the very purpose of having two is to ensure that these matters are dealt with as per the wish of the deceased. I hope that this helps. Please rate positive.
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 32928
Experience: Over 25 years experience in law
Thomas Judge and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions