QUESTION
As executor of someone's estate, how do I handle getting a roommate out so I can clean out the house before the mortgage company takes it?
Asked on Oct 29th, 2020 on Estate Planning - Massachusetts
More details to this question:
Massachusetts: My best friend passed away and left me as executor and sole beneficiary of his estate. He owned his house, but had a roommate/friend who's been staying there for many years and paying verbally agreed upon rent. I can only afford to keep utilities on for another month, maybe two. Does this "friend" have tenant rights? The mortgage company will most likely be taking the house since I can't afford it, but can I be liable for any actions taken by the "friend"?
1 ANSWER
2 Awards
Federal law prohibits a mortgage lender from foreclosing for six months after the court appoints an executor.
An executor's duty is to gather the assets, pay the debts and distribute the rest according to the Will. If there was no lease, the "tenant" is a guest. If the tenant does not leave, the executor's duty is to bring an eviction action in small claims/justice of the peace court and pay the sheriff to enforce it. Meanwhile, you can cut off the utilities and change the locks.
Answered on Oct 30th, 2020 at 5:08 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.