VIC Consequences of Renting Out House Still in Late Mother's Name?

[Carol123]

Hi,

I am after some help please. My mother passed away four years ago, house is in her name still. Dad has been living there without changing the house into his name. The house is left to her four children, including myself. Dad did not want house in his name. Now he wants to rent it out whilst he moves in with someone else.

We all have no problem with him doing as he pleases with the house, however we are concerned with the legalities of him renting it when technically it is not his... Will us children be liable for any monies down the line, as rental money will go to him?

We are worried we haven't done the right thing by not executing her will.

Thank you for any help!

 

[Arche]

Hi Carol
He can't rent out or sign a lease for a property that isnt his. In any case any rent should go to your mother's estate.
Who are the executors and why haven't they got probate and transferred the property to the beneficiaries?
Your father didn't want the house-he doesnt get to call the shots.

 

[Carol123]

Than you Carol for your input. I mustn't have made myself clear,sorry! The agreement was for dad to live there till he died, then the house was to go to us kids. He will put rent into trust( not that we want the money) I'm just concerned that if something happened whilst people were renting it( insurance claim etc) that it wouldn't all be deemed legal as still hadn't been probated? Also as I am executor, will l get into strife as haven't done it? Dad said just leave in mums name till he died, then sort it!