Questions And Answers
asked by Rita ms posted 2 Years ago at 5:19
If my brother is executive of my mothers Will and she dies leaving me and my brother the house. He is now living in the house. First, can he sell the house without my permission as executive and second, can he live in the house without paying rent?
1-1 of 1 Answers
Andrew Diver answered 2 Years ago at 10:30I am no lawyer so you will need to seek legal advice if this becomes a real issue.
If one of you wanted to sell, that person couldn't simply divide the property in half and sell it, but would instead have to sell his or her tenancy or interest in the property. The new buyer would gain the same rights as the seller had (to use and enjoy the entire property).
I don't believe he cannot sell your share of the property as executor. But for the avoidance of doubt I would send him a letter (and keep a copy of your wish that the property is not sold). Executors work on behalf of the deceased to carry out the terms of the will, but also on behalf of the beneficiaries, so what you want counts.
Can he live in the house without paying rent, yes. He has a right to occupy the property has he is a 1/2 owner.
Equally so do you. He couldn't stop you from moving in either.
Your 1/2 share enables you to benefit from full use of the property. You do not have a 100% share in half of the house, you have a 50% share in the whole of the property.
As I said, I am no lawyer, but I hope this helps.
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