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REnt a house in probate

REnt a house in probate

Postby Beverley » Mon Sep 14, 2015 12:12 pm

Hello

I've had a quick look through the forum and cant find what I need to know. my sister and I have applied for letter of administration for my mums estate, we would like to sell the house but in the current market its not likely to be sold any time soon. therefore we would like to rent out the property, can we do that?

At this stage no paperwork has been filed with the courts yet, we are in the process of swearing oaths and sending them in. if the letter of administration is granted can we rent or do we rent before applying for administration. also my brother owns half the house and he is also willing to rent rather then leave it standing empty.

Thanks for any help.
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Re: REnt a house in probate

Postby atticus » Mon Sep 14, 2015 12:18 pm

Insufficient info provided, I'm afraid.

Who are the beneficiaries? That is to say, who will get the rental/sale proceeds?

Did your mother and brother own the property as JOINT TENANTS or TENANTS IN COMMON?
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Re: REnt a house in probate

Postby Beverley » Mon Sep 14, 2015 12:29 pm

I think they were joint tenants by brother and mum owned 50% each, not sure what is the legal way of doing thinks really can the rental income will be split between my brother therefore he gets his share each month and mums share will go into the bank account we hold and when the property finally gets sold be divided up?
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Re: REnt a house in probate

Postby atticus » Mon Sep 14, 2015 12:53 pm

You have overlooked the first question.

The joint tenant/tenant in common question is important. The reason is that if the title to the property was held by your mother and brother as JOINT TENANTS, then on your mother's death, he automatically became sole owner of the property. This will not have happened if legally they held as TENANTS IN COMMON.

You may need to ask someone to help you review the deeds/Land Registry title information.
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Re: REnt a house in probate

Postby Beverley » Mon Sep 14, 2015 1:02 pm

Thanks for your help Atticus

it must be tenants in common because I have to apply to the courts for administration, if he was sole owner I wouldn't need to do that would I?
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Re: REnt a house in probate

Postby atticus » Mon Sep 14, 2015 1:06 pm

Sorry, but that does not necessarily follow.
atticus wrote:You may need to ask someone to help you review the deeds/Land Registry title information.
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Re: REnt a house in probate

Postby dls » Mon Sep 14, 2015 1:33 pm

Atti is right.

Get a copy of the registered title (you will need it anyway).

Check whether there is a restriction on the title preventing a sale by a sole surviving owner. It is likely - but in now way a given - that the house will have been held with such a restriction, making it a tenancy in common. It is such a big question that it it is not worth going further until you know.

If it is a tenancy in common then _after_ the grant is obtained, the administrators stand in the shoes of the deceased tenant.
If there is a tenancy in common then there is somewhere a deed or scheme of trust under which the trusts of the arrangement are established. This may possibly include restrictions on a sale.

All that apart, when you swear the oath, you will promise to 'collect get in and administer according to law' That means an obligation to turn everything into cash. There is a limited scope to delay a sale, but no jurisdiction to begin a letting business.
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Re: REnt a house in probate

Postby Beverley » Mon Sep 14, 2015 1:42 pm

Hi

the deeds just say - title absolute no mention of joint tenants or tenants in common, I will have to look into this further before we do anything thanks you for all your help
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Re: REnt a house in probate

Postby dls » Mon Sep 14, 2015 6:17 pm

How many names are listed as owners?
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Re: REnt a house in probate

Postby Beverley » Wed Sep 16, 2015 9:29 am

Hi

Two names my mums and my brothers
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