More details to this question:
In probate, late mother's (died 3/2014) home is currently for sale as directed by probate judge. Does Executor have right to lease the empty staged home if at least 2 or the 4 heirs do not want to delay the sale and probate final process? When the mother was alive one of the heirs put some carpet, tile and dishwasher in her home and placed a lien on the mother's home lien with assignment of rents, the home at that time was owner occupied but then she died. Home value $220,000 lien from oldest son $11,000. We would like to sell the home and proceed with probate. Can the home be rented (leased) without all heirs agreement? We don't want to be a long term relationship and would like to get through probate ASAP.
1 ANSWER
If there are insufficient assets to pay the costs of probate (attorney fees, court costs, executor fees, creditors) then I should think the house should be sold not be rented. The problem is once the executor signs the lease it would be difficult to break it. If the lease is not signed yet perhaps a petition can be filed to force the sale. I encourage you to talk to a probate attorney who can review the whole case. Before taking any action in court you need a professional to review. You likely need your own representation here. I call this "beneficiary representation." Good luck. -John
Answered on Sep 02nd, 2014 at 8:00 AM