0
Want this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
Can a house in an estate be rented?
The executor can rent the house. They are responsible for making sure the estate stays solvent and the property is taken care of.
Deceased partner living in house rent free deceased children own house do we still have landlord rights?
What did the will say? Is there a will? The executor is responsible for maintaining and disposing of the estate. The executor can, if it makes sense, rent the home to someone. Once the estate is settled, whomever gets the property has the ability to do what they wish.
Can a executor ask a beneficiary to move out of the house?
Yes, they can ask them to move out. The property belongs to the estate. The executor can sell the property or transfer its ownership as directed by the will or the court.
If someone lives in mothers house and she dies can they be evicted from property?
The executor can have them leave or ask them to pay rent. It is their responsibility to keep the estate intact.
Can an executor place a house for rent that is still in probate?
This question has two potential answers depending upon whether the executor is the one renting the property or the beneficiary designated to receive it under the will is renting the property. If you mean rented by the executor, it may be at any time as soon as the will is probated and an executor is appointed to act. (Or an administrator if there is no will.) Most states have a statute taken from the Uniform Probate Code that gives the executor possession and control over every asset of the estate during administration of the estate even to the exclusion of beneficiarires who are designated to receive the property. During administration only the executor may rent it out, but the executor retains the discretion to decide if renting it is beneficial to the estate. Thus, even though an executor has the power to rent it out, he or she does not have to do so and cannot be forced to do do by a beneficiary unless a court orders it. If you mean rented by the ultimate beneficiary, the beneficiary cannot rent it out until the executor formally transfers the property from the estate to the beneficiary even if the will explicitly gives the house to that beneficiary. Once it is transferred, it is no longer part of the estate and the executor has no legal right to possession or control, therefore no right to rent it out or refuse to rent it out. The transfer to the beneficiary might have to wait until final settlement of the estate just to make sure that it does not have to be sold to pay for debts or expenses. On the other hand, if an executor is reasonably certain that it is not needed for that, the executor may in his discretion transfer the property before finalizing the estate. I believe it is best to transfer the house as quickly as possible during administration as long as it is clear that there are sufficient liquid assets to pay for everything. That way the executor is no longer responsible for the safety of the asset and he or she has a happy beneficiary.
Can i rent a property that's in probate if i am the beneficiary?
Yes, if the executor approves. It needs to be beneficial to the estate to do so and at a market price.
Can executor rent property that has a lien against it?
Yes.
Can executor move into estate without your consent and not pay rent?
The executor can move into the estate. However, they do need to pay rent or show the court how they are compensating the estate, for instance, free rent instead of collecting a fee.
Is it legal to live in the decease's house before the estate is settled?
It is certainly legal to do so. The executor must decide on what is appropriate and may charge rent.
Can an executor charge rent to an heir that has lived in the property for 19 years and was the caregiver of the deceased?
The executor of the estate is responsible for the estate. Use of the estate property is an asset and they should pay rent.
Does executor of estate have right to live in house that is being sold in the estate?
They can live in the home if it is to the best interests of the estate. They need to pay the appropriate rent in the process.
I lived with my mother for 33 months prior to her death as her caretaker and paid all household expenses. Can an executor claim back rent from me?
No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.No. While your mother was alive you were living at her home with her permission. The executor has no authority to go back and charge you rent since the executor had no authority over the property before your mother's death.
