QUESTION
Is it illegal to rent space in a house that is in an intestate estate without a personal representative appointed yet?
Asked on Aug 08th, 2020 on Wills and Probate - New York
More details to this question:
My sister and brother are letting my sister's girlfriend rent my sisters own bedroom and allow the girlfriend to use common areas in my Mothers house which falls under an intestate estate. Is it legal for them to be renting out space in my mother's house without my consent? I have a 1/3 share in the estate, there is no will or trust.
1 ANSWER
2 Awards
Since your mother is dead and no personal representative has been appointed, there is no one with legal authority to lease the space.
If income is received nonetheless, it is "income in respect of decedent" and must go to your mother's estate.
Answered on Aug 09th, 2020 at 5:05 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.