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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother passed away Nov 15 and my father 10 years ago, my

Resolved Question:

Hello
My mother passed away Nov 15 and my father 10 years ago, my mother left a will instructing my sister and myself to be executors and left their house in equal share to us. My mothers probate has been completed and we have since found out we need to do probate for my father as it wasn't done when he passed. My sister now wants me to pay her rent as the probates are taking a while. I live in the house and have done since before my mothers passing and intend to buy her share of the house when all the probate has been completed. Am I legally bound to pay her rent? It's not part her property yet so I'm unsure what to do.
Thank you for your time
Donna Lupton
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first?

Are you paying all the outgoings on the property including Insurances?

Customer: replied 10 months ago.
I pay all outgoing expenses as I live here. Including insurances.
Expert:  Clare replied 10 months ago.

Will you be getting a mortgage to buy your sister out?

Customer: replied 10 months ago.
I will be getting a mortgage to buy my sisters share of the property as soon as the probate is completed on my father.
Expert:  Clare replied 10 months ago.

Technically your sister is in fact entitled to "Occupation rent" in respect of her share of the property - so half of the going rate LESS half of the Insurance , water rates and council tax.

This is not payable on a monthly basis - but as an extra capital payment when you buy her out.

You will need to do the calculation when the Mortgage is through.

I hope that this is of assistance - please ask if you need further details

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