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Can an executor of a will rent out the deceased person’s…

Can an executor of a...
Can an executor of a will rent out the deceased person’s property before obtaining probate
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Answered in 11 hours by:
1/14/2018
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 35,313
Experience: 25 years exeperience
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Thank you for your question
My name is***** shall do my best to help you but I need some further information first
Can you tell me a little more about the circumstances please
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Customer reply replied 7 months ago
My grandfather died in October last year and I’ve contested his will as my uncle has fraudulently altered it so he inherits the entire estate instead of half, there is a caveat in pace until June to halt probate. My uncle is the executor and is now renting out my Grandfather’s flat, is this allowed? My understanding is that until probate is done the property does not belong to my uncle.

Even before Probate is granted the Executor of a Will is entitled to deal with the Estate in order to maximise income - so yes they can let the property if that is the appropriate action to take.

Please ask if you need further details

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Customer reply replied 7 months ago
Who gets the rental income if this answer is correct?
It belongs to the Estate
Clare
Clare, Solicitor
Category: UK Property Law
Satisfied Customers: 35,313
Experience: 25 years exeperience
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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