# Rental income from property prior to probate



## calgal (10 Feb 2011)

My late father had 2 propertys, one of which has been willed to myself. the other will be sold to pay remaining debts and gifts to his 3 step children and ex-wife.
I had planned on accruing all rental incomes from the 2 properties to the estate, but have been wondering whether i am in fact entitled to any rental profit from the proprty i am inheriting to accrue to me prior to probate?
I am also the execator of the will, so want to make sure all is above board.
Thanks


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## Padraigb (11 Feb 2011)

Interesting question. My take on it is below.

Your right to the property exists from the date of death (which is why CAT is based on d.o.d. valuation) so I would presume that you have a right to the fruits between d.o.d. and distribution. Correspondingly, all costs incurred in relation to that property should be charged against your inheritance.

If you have no beneficial interest in the other property, you should be excluded from any profit it generates.

You might need to brush up on whatever bookkeeping skills you have.

It would be wise to tell the other beneficiaries how you propose to deal with things.


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## calgal (11 Feb 2011)

Solicitor confirmed today that rental income generated is for my sole use. I have a stake in the other property too, but the calculations will be fairly straight forward, and to be honest am willing to forgo my share of the rent it generates for peace sake  if needs be.

Thanks for the reply


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