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piggy2001uk

Advice please

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My dad passed away 4 months ago and one of my brothers is the executor of the will and has had probate for the last four weeks and as yet has done very little to sort the house out. My dad left a will which is straight forward, he left no debt .

 

My question is can my brother live rent free in the the house until he clears the house and put it up for sale and then sold.

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Our condolences piggy.....

 

Was your brother living there before your father passed away ....is that his residence also /

 

 

Andy


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Hi Andy

 

He was my dads carer when he became ill and no it's not his permanent place of residence but is living there until he puts the house up for sale

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I think you need to have a family meeting with your brothers and tell him its time to sell the home now...at least the house will be secure in the meantime...and make it clear that he must cover the costs whilst he resides there....Utilities etc....

 

You will only get 3 months before the rates become payable again...so he will also have to cover that the longer he resides.


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He is paying the utilities as he put them in his name

the only thing he isn't paying is council tax so I know he's on dodgy ground, he told council no-one is living there, it's a hard one with it being a family member doing the administration of the estate,

 

I've suggested a family meeting and he's saying no as he doesn't want any fallouts but that's all the communication we're getting so not sure what he is actually doing I'm 200 miles away

Edited by dx100uk
Spacing

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Section 50 Application: You can apply to the court for the executors to be removed or replaced under section 50 of the Administration of Justice Act 1985. You don’t need to prove wrongdoing or fault on the part of the executor – the court will generally replace an executor where, for example, relations between him and the beneficiaries have simply broken down to the extent that the estate cannot be properly administered.

 

You can apply to the court for the executors to be removed or replaced under section 50 of the Administration of Justice Act 1985. You don’t need to prove wrongdoing or fault on the part of the executor – the court will generally replace an executor where, for example, relations between him and the beneficiaries have simply broken down to the extent that the estate cannot be properly administered.

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Hi Andy

 

Update the house finally went up for sale yesterday.

One thing I need to be sure of as my parents took out equity release on the property am I right in thinking the interest doesn't stop until the house is sold and not on death, brother is planning to offer the amount that was due on the day our dad died and not the accumulated interest to date, if the company say no to the offer he says he will take them to court which I know will incur further cost and delay. I've already told him the interest stops when the house is sold and not on the day dad passed away, it's in the documents my parents signed but will make it clear that I don't support court action if what I've said is right

 

Am I right or wrong

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You would have to to check the T&Cs of the Equity Release agreement....but would expect you are correct.... settlement...not death.

Equity release schemes are in simple terms a mortgage that runs for your lifetime & commonly has NO monthly repayments.

 

Also the impact of early repayment charges (ERC’s). As equity release providers are lending over a potentially long duration; in some cases in excess of 40 years, they need to set their long term borrowing plans accordingly.

 

Although most if not all equity release schemes will NOT apply any penalty on repayment of the equity release due to death.


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Thank you I read the terms and conditions a while back and my dad did say this would be case.

 

Just needed to be sure in my head I wasn't making it up and getting other family members putting doubts there. I have told my brother I will not consent to court action and maybe he should read the terms and conditions in more depth.

 

Thank you for your advice it's been much appreciated

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