Should I be charging my brother rent ?

Are you being serious???

The house would be sitting empty until probate finished. Why would you begrudge your brother a place to stay?

Is the property depreciating because someone is living there? Is he maintaining it?

Do yee both own multiple properties?

(Sorry for your loss btw)

Regardless of the legalities. Do you want to destroy your relationship with your brother?

When you say you agreed he would "buy you out" I take it that you mean he would buy your half of the house you both inherited.

So you plan to charge him rent on a house he already in effect owns 50% of???

Best of luck with that.

However I do sympathise on the delay in probate. I'm in a similar situation. Just over a year since the passing and still no clue when the inheritances will be processed. Just the legal fees seem to be increasing and eating into the pot. It is a system that lawyers seem quite happy to take their time over and then hand in massive fees against the estates. It is morally corrupt but unfortunately that's the system they have created. Until a government decides to reform the legal industry there is little change possible.

My advice would be sit tight and don't destroy your relationship with your brother.

Allowing your brother to live in the family home while it's still in legal limbo, in the months after the death of your parent is a far cry from running a charity

I'm trying to see your side of this: are you stuck for money? While he has lots, maybe?

Is he holding up probate? Could yee be renting the place out before probate gets sorted?

What's the problem?

Why not do the probate yourself? Whilst it's a very detailed orientated process and you need to make sure you cross all t's and dot all i's, it is a relatively straightforward process. Definitely nothing too taxing or difficult.

Overall it is a lot quicker, as you have a lot more control on how quickly things move. You can provide an immediate response to a query or question from the Probate Office - whereas if that happens with a solicitor, you are waiting for them to relay this to you, and relay back a response.

That's not to mention the very sizeable costs involved with getting a solicitor to do it.

My father passed towards end of May 2021, I probably had the probate application submitted within 8 weeks after that (the delay was waiting on a death cert during Covid), and I had Grant of Probate in November 2021 - so the probate process itself was 3 months or so in total. The only cost I had was the Probate Office charge - and that's payable whatever way you do probate.

Agree you shouldn't charge him unless he's holding up probate. It is difficult to insure and maintain an empty house, you don't own the house, if he paid rent to a foriegn resident landlord he woudl have to withold a chunk for rent and you will mess up the relationship for no real benefit.

ARE THERE CIRCUMSTANCES WHERE THE PERSONAL APPLICANT PROCEDURE CANNOT BE USED? In the following circumstances you must instruct a Solicitor:

(i) Where the person entitled to apply for a Grant of Representation is a Ward of the Court or a person of unsound mind

(ii) Where the person entitled to apply is under the age of 18 years

(iii) Where there are issues concerning the validity of a will

(iv) Where there are issues among the next of kin regarding the estate

(v) Where the original will has been lost

(vi) Where a beneficiary (other than the spouse of the deceased) of over €20,000 of an estate is non resident in this jurisdiction and the potential applicant for the Grant is also non resident

(vii) Where the deceased dies without making a will (intestate) and was domiciled outside of the Republic of Ireland and leaves assets within this jurisdiction and no Grant of Representation has been extracted in the place of domicile. 

i dont think they can do probate themselves in this case, due to point (vi)

Thanks

You're not exactly coming off as stellar here yourself. Trying to charge your own brother rent on a property you don't even own yet.

Unbelievable greed.