Property being rented. Probate not extracted. Executors receiving rent.

C

Commanna girl

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My mother died testate, nominating two of my siblings as executors. The estate consists of a small commercial property with residential space overhead and some small savings. The property was left to the two executors while any monies were to be divided in to 3 parts- a third to me, a third to another brother and the final third divided equally between the two executors.

Three years later, the application for probate is FINALLY being submitted by a solicitor. The delay was caused by the executors.

The executors have rented out the commercial area of the property and are receiving rent in to their own bank account.

My question is : if the property has been willed to the two executors, is the rent generated, theirs alone, or is it part of the estate and should be divided amongst all beneficiaries.

As far as I know, no lease agreement is in place so it may be difficult to prove an actual rent amount.

If they say that the rent is being used to maintain the property ie rates, insurance etc, is this acceptable?

Also who is responsible for the upkeep of the house. Eg if there is a leak, who pays for the repair

Many thanks in advance.
 
All income and expenses are the property and liability of the estate.

The executors are obliged to provide full accounts at the end of the process showing any income earned and any expenditure made by the estate as well as the taxes paid on this income and on any eventual capital gain on the property

There should be separate bank accounts for the estate so that the estate monies are not mixed with the executors personal funds

The upkeep and maintenance of the estate is the responsability of the executors
 
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