QUESTION
What can be done if we were given permission to occupy the home of a deceased man by the family appointed executor?
Asked on Aug 29th, 2016 on Estate Planning - Oregon
More details to this question:
We have rental agreement. Now, a person not involved with the family filed to be executor for no reason other than to kick us out. I am a disabled veteran and have a family of 5. He is fully aware of this. It's written on my rental agreement and he has been told. As a result, I'm getting worse. That being said, he filed illegally in that he gave no one notice of intent and he has gone so far as to shut off our water. I cut off his lock and turned it back on. How do I protect my family from him?
1 ANSWER
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
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The steps you describe, locking you out and shutting off the water, are not legal for a landlord in Oregon. See your local Legal Aid office for assistance. That said, as a probate lawyer I have faced this situation: in order to settle the probate, it is almost certain that the house is going to have to be sold. It can't be sold while you're there. The PR is between a rock and a hard place. You will have to move eventually. So get assistance with resisting the wrongful actions taken by the landlord. But start looking for housing.
Answered on Sep 23rd, 2016 at 12:48 PM