Typically the executor does that, not the guardian, but it is possible they are serving as both.
There are a number of ways for this to occur without a problem. They could be working on behalf of the executor to preserve the property. Or they could be paying rent to the estate.
Yes, the executor of the estate may do what they can to insure the value of the estate doesn't lose value. But the estate will need to file a tax return for the rental income.
There is no reason that they can't. They are responsible to maintain the estate. If the rent was below market value, they could actually be held liable for reducing the value of the estate.
It will depend on the situation and the assets of the estate. If there are no other heirs, there is usually not going to be a problem.
Yes, they can start the eviction process. They are responsible for the estate and its property. They could also collect rent.
Yes, if the executor approves. It needs to be beneficial to the estate to do so and at a market price.
The estate must be probated in order for legal title to the property to pass to the heirs. The property cannot be insured until there is a legal owner. You have no right to enter into a rental agreement unless you are the legal owner. Any contract you sign would be void and further, it would be fraudulent. The tenant has the right to know who the legal owner of the property is. Property from a probate estate cannot be rented out indefinitely. Property that is in a probate estate is within the sole possession and control of the executor but only until administration of the estate is completed. The executor is obligated to administer the estate promptly then distribute the property to the rightful beneficiaries. Since only the executor may rent out property that is in the estate and since the executor's authority over the property is only temporary, it goes without saying that an executor may not rent estate property out for an indefinite period of time.
No. Not unless the children signed an agreement to pay the rent. The decedent's estate is responsible for their debts. If there is no estate the creditor is out of luck. Send a copy of the death certificate by certified mail and tell them to stop harassing you.
You could go to the local probate court and inquire as to who is handling the estate. Otherwise, you should place the rent aside in an escrow account, until someone comes by to collect. Then, ask for proof that they are the executor (or new owner).
The executor has the responsibility to maintain the value of the estate. In some cases this will include renting property. If there is any doubt about whether this is a good idea, they can request permission from the probate court to do so.
Yes, they have the ability to charge rent. It is their responsibility to maintain the assets of the estate.
You can't rent it you can only buy it.