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.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.
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.Unfortunatley things are not amicable at all between us and the request for rent has been communicated through a solicitors letter.
You must be a home owner too insure the property.if you’re not the named owner you can only insure contents.Yes all bills Inc house insurance is paid by me. I have also decorated the house and maintained it.
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.
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.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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