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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Apologies left an answer earlier but want to know the site is secure also. If a house has been inherited by the brother and sister and the Mum died a month ago, can the brother who doesn't live at the house force the sister out while its selling to a third party? The House proceeds are to be split 50/50 and she has only just dies. I assumed if she is paying the bills whilst its selling he cannot force her out.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWho is the Executor of the Will and does the Will say anything about the daughter living there?
Customer: replied 1 year ago.
ClareThank you for coming back to me. The Executor is the Father and the Uncle, both of which are overseas but both aware that they both agree to sell or the brother buys her out. The Mum did not state in the Will about living there but the Daughter was already living there after looking after the mother. Its been a month since she passed. Can he force her out whilst selling to a third party despite the fact she is paying the bills?
Expert:  Clare replied 1 year ago.
Will the daughter receive enough to rehouse herself - and how long has she lived in the property?
Customer: replied 1 year ago.
She (my partner) will eventually yes once it sells or he buys her out. We wanted to wait 4 months to find our own property or sell to a third party (if the better option) which is a reasonable time frame. She has lived there for about 9 years with the Mother. Thanks again for your time
Customer: replied 1 year ago.
Hi Clare Did you receive my previous message?
Expert:  Clare replied 1 year ago.
Will the Executors support her staying there?
Customer: replied 1 year ago.
Its likely the executors will yes. I assume if he wants to try and force her out whilst we are paying bills he has to pay legal costs to take her to court. Taking into consideration if the executors will support this and if they wouldn't what's her position? Thanks
Expert:  Clare replied 1 year ago.
The brother has no power to do anything at all.Even the Executors cannot take action until they have obtained ProbateOnce Probate is obtained then IF the Executors wish to have the house empty to sell then they would indeed have to take action to force a saleI hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
Thank you have been very helpful. One last question if I may - can he force her to pay rent if we are paying the bills?
Expert:  Clare replied 1 year ago.
Again he cannot force her to do anythingThe Executors can ask for "Occupational rent" in addition to the payment of the Council Tax and utility bills
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Customer: replied 1 year ago.
Clare - Im not sure if im allowed to ask you a question again but would appreciate if I could. if the executors suggest a rent is applicable after the probate has been finalised would they take action through the courts? This is with reference to the Occupational rent you mentioned and having the house empty after probate and whilst its up for sale. This is important to know as we are going to have to legally challenge the brother.
Expert:  Clare replied 1 year ago.
Neither your partner NOR her brother nave any right to challenge the other on this point - ONLY the the Executors can deal with the house.The Occupational Rent issue is one which the Executors can deal with within the accounts - they can assess what the rent would be and deduct half of it from your partner's share of the equity.
Customer: replied 1 year ago.
Thank you, ***** ***** very helpful. I will write a review.So just to conclude. The Solicitor is dealing with Probate. Once finalised the house can be sold and if both executors challenge my partner to pay both rent and bills (which we are) they can through the solicitor or through courts? Who pays the fees? And also concluding she cannot be forced out and only the Executors can challenge on this which again I take it is done through the courts?
Expert:  Clare replied 1 year ago.
The Executors can apply to evict your partner if they decide they need and wish to do so.They can ask her to pay "Occupational Rent" and if they consider it appropriate then do not need to go through court - they can simply deduct it from her inheritance