QUESTION
Is it illegal to occupy a house that is in probate?
Asked on Mar 23rd, 2013 on Estate Planning - Colorado
More details to this question:
My mother died two weeks ago. In ten day,s I will be homeless. The house is completely paid off. I have two brothers that say I can't stay in the house because it would be illegal. Is this true?
20 ANSWERS
It is not illegal from a criminal standpoint. But, the new owner(s) of the house could evict you.
Answered on Apr 01st, 2013 at 2:28 AM
No, there is nothing illegal about occupying a property in probate but an appropriate agreement for rental should be made unless the you are inheriting the entire house.
Answered on Mar 26th, 2013 at 3:45 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It is not illegal, but it would be a good idea to pay rent to the estate while you live there.
Answered on Mar 25th, 2013 at 1:48 PM
2 Awards
It is not illegal. Speak with an attorney but the reality is you will not be able to stay for long unless you want to buy it from the estate.
Answered on Mar 25th, 2013 at 1:47 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Not really but you may be required to pay rent for their 2/3 share assuming the house was left to all 3 of you.
Answered on Mar 25th, 2013 at 1:47 PM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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It is not illegal, however, the house belongs to the estate. It should generate money for the estate. You could live there but the representative may want to sell it and thinking a tenant makes the sale difficult. If you live there you would owe rent but it could be deducted from your share when it is sold.
Answered on Mar 25th, 2013 at 1:47 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No, that is not true; however, the brothers could request a charge for rent up to their share of the value of the property; they would generally make that claim in the probate proceeding. Don't let them buffalo you.
Answered on Mar 25th, 2013 at 1:47 PM
Thomas Edward Gates
No, this is not illegal. What does the will say? The estate owns the house and can act as the landlord. Meaning you will be required to pay the estate money for the house's insurance, property tax and wear and tear.
Answered on Mar 25th, 2013 at 1:46 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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In Missouri it is not illegal to stay in a house because it is in probate. You may actually want to have someone live in the house since most homeowner's insurance policies say that the insurance is void it no one is living there after 30 days. The biggest problem is getting relatives out of the house after the death of the decedent. If the house sells and you are living there, you have to understand that you are required to move out. What you do not say is what is going on at this time in regard to probating your mother's estate. If there is no probate going on, please see an attorney as soon as possible to protect your interests.
Answered on Mar 25th, 2013 at 1:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is not illegal in Michigan. In fact, it is a good idea, because otherwise, the house might not be insurable. There is no reason why someone cannot live in the house while it is being probated, unless the person is actively trying to obstruct the sale of the property.
Answered on Mar 25th, 2013 at 1:45 PM
You are allowed to stay in the house if you were a tenant before death. However, you do have to pay rent.
Answered on Mar 25th, 2013 at 1:45 PM
2 Awards
Not necessarily. If there is a will, and all beneficiaries to the house agree, then you can stay in the house, pursuant to their agreement. If there is no will, and the heirs at law all agree, then you can stay in the house, per their agreement. If you are an heir or beneficiary, who gets a share of the house (either by will or intestacy, as the case may be), then you have rights to your share of the estate property, as of the date of death. Get yourself a lawyer, now.
Answered on Mar 25th, 2013 at 1:45 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Certainly not illegal. You could negotiate with your brothers for some rent (maybe out of your share of the estate). Assuming the house is being sold some realtors say it's an advantage to having someone living there (If you will keep it clean and nice and show to people). You are going to have to make a plan soon, though. At some point, the personal representative can evict you if he needs to. Insurance must be kept current; it will probably cost less if the house is not vacant, but you should probably agree to pay that cost. Talk to your brothers, work something out.
Answered on Mar 25th, 2013 at 1:44 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Has a probate estate actually been opened in the probate division of the circuit court in the country where your mother lived? If a personal representative has been appointed and he consents to someone living there I don't think that would be illegal. If the title to the house was put in the joint names of your mother and someone else, it wouldn't be "in probate." If your mother executed and recorded a beneficiary deed that would also keep the house from the probate procedure. Most people do not understand what probate is and what it means. You should retain the assistance of counsel in your area.
Answered on Mar 25th, 2013 at 1:44 PM
Bankruptcy Attorney serving Charleston, SC
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Davis Law Firm
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It is not illegal that a house of a South Carolina decedent after her death if the heirs approve. The Personal Representative may be willing to work out a rental agreement with you. Because you lived in the house before the death of your mother does not give you the right to live in the house after the death of your mother. You may own a portion of the house as an heir of your mother, but, your bothers may also own a portion of the house. You need to meet with an attorney at once to determine your rights. The correct answer will be determined by whether your mother left a will, if you and your brothers are the only heirs, whether your mother actually owned the entire property or only a portion of the property. An attorney can help you determine your rights and a plan of action can be determined.
Answered on Mar 25th, 2013 at 1:44 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Who are the beneficiaries of your mother's estate - If they all agree, you may be able to stay in the house. However, if the house needs to be sold to pay your mother's bills, you will need to leave. Also, you should be responsible for either paying all the bills and expenses or repaying the estate for expenses paid while you occupy the house.
Answered on Mar 25th, 2013 at 1:44 PM
3 Awards
Are you paying rent? Do you have a lease? Absent either you have no right to remain. It is up to the Court appointed representative to decide if you can remain. There may be issues with insurance, selling the home, etc. so even if it is not illegal, if may be in the estate's best interest for you to vacate and on an estate that is what matters. If she had a Will and gave you a right to remain there, my answer might change. You should meet with an attorney where your mother lived. These types of matters will usually require a retainer. If you cannot afford an attorney and are in Las Vegas you may want to apply for a pro bono attorney through Legal Aid Center of Southern Nevada.
Answered on Mar 25th, 2013 at 1:43 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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There is nothing illegal about staying in a house that is the subject of a probate matter. It may be, however, that you will need to pay rent to your mother's estate. That will be a decision for the executor of the estate to make.
Answered on Mar 25th, 2013 at 1:43 PM
Probate & Trust Attorney serving Seminole, FL
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Law Offices of Phillip Day, P.L.
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Whose name is on the deed? If it's your mother's property, why would that be any different if it were your neighbor's property? You have as much right to stay in your deceased mom's estate as you do the neighbor's which is zero right. The property is owned by someone other than you. Having said that, is there a way to legally live in there.maybe. Arguably, if you are appointed the personal representative by the court you could occupy the residence for a small period of time on the basis that you are preparing it for sale and that you can do it cheaper than hiring a bunch of other people to do it. But you better be doing that, because your siblings, assuming they are beneficiaries, are entitled to a fiduciary obligation by the personal representative that you are doing all you can do to protect their interest in their inheritance. Now I wouldn't advise you to do this. Instead, you need to first figure out where the will is, file it with the court, get an attorney to probate the estate and file a petition for determination of homestead and get the property distributed accordingly. You have a lot to do before you can even begin to consider taking possession. So to answer your question, yes, if your name is not on a deed, lease or some other instrument giving you the authority on the property, then it is illegal.
Answered on Mar 25th, 2013 at 1:42 PM
It would be up to the Personal Representative to determine whether you could be in the property. Perhaps something could be worked out for you to be there to provide guard or security services pending the sale or final disposition of the property.
Answered on Mar 25th, 2013 at 1:41 PM