Inherited home Rent

T

trees

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Hi my mother passed away last year and without a will. Probate has been granted and house is now up for sale. From which the money will be divided between myself and 2 siblings.

I have been living in the home and now one sibling is demanding that I pay rent to my siblings going back to the date of my mother's death.
No rental agreement was ever agreed on the property.
Can anyone advise if I can be liable for this "rent".
Thanks in advance.
 
Not a Lawyer but in the absence of further information I think it sounds like a reasonable expectation.
It might be in all your interests to keep this simple/informal as rent paid is subject to tax & that makes it complex.

Try to keep it simple & amicable.
 
trees said:
I have been living in the home and now one sibling is demanding that I pay rent to my siblings going back to the date of my mother's death.
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It is very common for a child to act as caretaker for a house while probate is granted and put on the market. An empty house is much more vulnerable to theft, fire, flooding, etc, and what you are doing by living there is maintaining the value for the benefit of the estate. It's not years and years we are talking about here.

Not financial advice but demanding back rent from you seems deeply unreasonable.
 
Was rent discussed if not agreed? If it was never discussed, I do think it's bad form. (That's not a legal or financial advise)
 
Thank you for your replies. No rent was ever agreed and my other sibling does not want or expect any rent from me.
Unfortunatley things are not amicable at all between us and the request for rent has been communicated through a solicitors letter. We are dealing with our solicitor on the matter also just waiting to hear back from them.
There is a belief that we are delaying the sale of the home which isn't the case at all. The process of probate etc has taken some time.
 
trees said:
Unfortunatley things are not amicable at all between us and the request for rent has been communicated through a solicitors letter.
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Unless you're occupying a Gandon-designed mansion I think your sibling has zero legal recourse. for sure you are getting a benefit from living there but you are also preserving value in doing so. I presume you are paying bills and the house insurance.
 
The sibling is obviously trying to be vexatious.

Not legal advice. I know nothing about this, so this is just opinion.

But I think you might be co-owners, tenants in common once probate is granted. But prior to that, Who was the executor and/or administrator of the estate. Because they would have the responsibility of managing the estate. I think it will be hard to argue rent due when no lease, rental agreement was agreed. Because any decision must be mutual.

You could suggest the sibling raise a dispute with the RTB as a landlord. Which I think is invalid, but it would push the ball back to them and take some pressure off. Not paying rent, could (from a tax point of view) be seen as gift from the estate though.

You should prepare to move out though. Pack up and clear the house. Do you intend moving out or buying it off the sibling? Though a clean break would seem to be a better choice.
 
Yes my other sibling has grant of administration for my mams estate.

The house is on the market for sale and once done all will be settled. But obviously these things take a few months.
 
My understanding, is administration isn't the same as executor. They can be the same person, they don't have to be.
If they are the executor (and looking for rent) then they are LL and thus have to go via the RTB. I suspect the RTB will say its invalid.
You could obviously claim for your cost from the estate. Its all pointless stirring though. The siblings intent might be to get you to leave but then stall the sale.

You should be proceeding with your own future plans.
 
trees said:
Yes all bills Inc house insurance is paid by me. I have also decorated the house and maintained it.
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You must be a home owner too insure the property.if you’re not the named owner you can only insure contents.
Although house insurance is the estates responsibility.
As no agreement is in place you are not liable for payment of rent.

A token rent of course is always nice just be aware of the renters tax credit available too you if you do decide too pay rent.

Keep all receipts for any work/maintenance carried out by you as these are also the responsibility of the executor/estate.
 
Can I ask who would be the executor if there was no will to execute?
I believe my siblings intention is to sell the home as quickly as possible in order for them to get their inheritance. I can't see them delaying the sale of the property.
 
You'll only get limited insurance a property with it empty. At least I was never able to find anyone who would do it.
 
trees said:
Can I ask who would be the executor if there was no will to execute?
I believe my siblings intention is to sell the home as quickly as possible in order for them to get their inheritance. I can't see them delaying the sale of the property.
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Sorry you seem to be right. No will no executor.

What happens to a deceased person's money and possessions?

How to get access to the deceased person's money and property, the rights of family members under wills and how property is distributed.
www.citizensinformation.ie www.citizensinformation.ie
 
AlbacoreA said:
My understanding, is administration isn't the same as executor. They can be the same person, they don't have to be.
If they are the executor (and looking for rent) then they are LL and thus have to go via the RTB. I suspect the RTB will say its invalid.
You could obviously claim for your cost from the estate. Its all pointless stirring though. The siblings intent might be to get you to leave but then stall the sale.

You should be proceeding with your own future plans.
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As there was no will, the other sibling took out a grant of administration (post 11) which gives same powers as executor. The probate office would have granted this and confers same power as executor.
 
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