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In order for title to real property to pass to the beneficiary legally, the estate must be probated. The "beneficiary" needs to provide proof to the tenants that they are the new owner of the property. The beneficiary's source of title is the probated will filed in probate court. If the beneficiary wants to have the property conveyed to her/him by deed, that can be arranged through the attorney who handled the estate.

A letter from the attorney who handled the estate would be the appropriate way to notify the tenants of the new ownership. In fact, the tenants should have some official notification of the change in ownership so they know they are paying their rent to the right party. You should discuss this matter with the attorney who handled the estate and get some legal advice about your new role as a landlord.

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13y ago
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13y ago

The beneficiary of a trust is not entitled to lease and collect rents on property. The trust property is managed by the trustee and the title to the property is held by the trustee on behalf of the trust. The property is managed by the trustee according to the terms of the trust. Generally, the trustee is responsible for distributing the income and profits to the beneficiaries but the beneficiaries have no control over the trust property.

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Q: How does the beneficiary of a will prove to renters that he is the legal owner of the property?
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Can you have your name on the deed of a property that you are only living in?

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Can you take out an insurance policy on a dwelling you do not own and if so who gets paid if there is a claim in that dwelling?

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Does the owners liability insurance cover contents of a a fire when the renters lost everything?

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What is the difference between Legal and Equitable Rights?

A legal right is a right you have to something without any barriers. An equitable right is one that would be recognized by a court of equity. One of the easiest to understand examples is the right of real property ownership.Suppose a person purchases a parcel of land by deed from its owner. That person becomes the legal owner of the property. They have a legal right of ownership.Now suppose a person inherited a parcel of land as the only heir at law of her grandfather. The grandfather's estate must be probated to transfer legal title to the beneficiary. When the estate is probated through the probate court the beneficiary will become the legal owner of the premises by virtue of the court order that allows the probating of the estate.If the estate is not probated the beneficiary has an equitable right to the property and is not the legal owner. She has the right to commence a court action to probate the estate so she can acquire the legal right to the premises.Another example: An owner whose land is taken by the town due to nonpayment of real estate taxes has an equitable interest in the property until that right has been barred by a court decree. In this case the delinquent property taxes are the barrier to full legal ownership. The delinquent taxpayer is no longer the legal owner of the premises. Until the delinquent owner's rights have been barred by a court decree they have the right to pay the delinquent taxes to redeem their property and become the legal owner once again.


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Why would my tenants wants to be on my home owner's insurance policy?

Not sure. But if they have no legal interest in your home then they cannot be listed on the policy. The tenants can obtain renters insurance which will cover their personal property.