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 Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10737
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Type Your Law Question Here...
Aston Lawyer is online now

following the death of our mother my sister and I are joint

This answer was rated:

following the death of our mother my sister and I are joint owners of a property,my sister is executor of the will.The property is being rented out. my sister spent money to bring property to required standard. She is now receiving all the income in order to recover her costs. Can she take this as a priority or am i entitled to a share with her realizing her expenditure on the sale of the property?
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

The money spent by your sister on the property is classed as a debt of the Estate and as such should be paid by the Estate before any surplus monies are then distributed to the Beneficiaries. So, just like with any other debts/funeral expenses, these do take priority, and only once all the debts have been paid, can you and your sister then start dividing any rental income.

I hope this sets out the legal position to you.

Please feel free to come back to me if you require any further clarification.

Kind Regards
Customer: replied 4 years ago.

Can I request sale of property in order to realise my inheritance?

Hi again,

Have the Deeds been transferred into your joint names?

Kind Regards
Customer: replied 4 years ago.


Thanks- well, as the Deeds are in your joint names, you can apply to Court for an Order for Sale. As the property is not being lived in by either of you, the Court will normally grant an Order.

I'm sure you won't really want the hassle of doing this, so it is best to get your sister to agree to a Sale, but if you mention Court to her, she may hopefully agree!

I hope this assists.

Kind Regards
Aston Lawyer and other Law Specialists are ready to help you