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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
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Experience:  Estate Law Expert
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Sibling A is executor and received car and house as per will.

Resolved Question:

Sibling A is executor and received car and house as per will. All assets are still in the name of the deceased and estate is still in probate. Sibling A has been living in house and has not paid property taxes for a few years and they are beginning to add up. No other heirs live in the house. Are the property taxes considered an expense of the estate even though Sibling A has been living in a free and clear house?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

The property taxes are an obligation of the estate but no one should be living in the house without paying rent, even if they are the person who will be getting the house at the end. The rent they would pay to the estate would be used for expenses and any left over would be distributed to the other heirs.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26774
Experience: Estate Law Expert
Dwayne B. and 4 other Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


Is it possible to make a claim for past due rent which adds up to several thousand dollars since the estate has been in probate for a few years?


 


How would a non-executor of the estate make demand for past due rent and future rent as it is expected the probate case will endure for another year and expenses will continue to accrue.

Expert:  Dwayne B. replied 1 year ago.
Yes, the estate can make a claim against the person living in the house for the time they have lived there.

What you would have to do is hire a lawyer and file to have the person removed as executor for their failure to properly use assets and then when you are appointed executor you would make the claim against them.
Customer: replied 1 year ago.


Can I also ask for interest on past due rent and if so, what would be a an acceptable percent with the court (example being 10% with monthly accrual)? What is common?

Expert:  Dwayne B. replied 1 year ago.
I think you can ask for interest at the "legal rate" you'll have to ask the lawyer what that is right now but it is about 5%. It varies from state to state and changes based on the prime rate but is set by the legislature as a formula.
Customer: replied 1 year ago.

What would be the process to demand and obtain future rent? How would the collection of rent be set-up with the courts? How would we know the rent was being paid/not paid?

Expert:  Dwayne B. replied 1 year ago.
The only way to force the rent issue is to be appointed as executor since that is the person who is in charge of collecting rent, setting the amount, etc. There is no way for a non-executor to do that.

You could ask the court to order it if you don't want to be executor but there is no way to tell, month by month, whether the rent is being paid, unless you could talk the judge into requiring that you be provided a monthly notice when it was deposited into the estate account.

The court doesn't want to get involved in the month to month details of the estate and so you are gong to have to get everything covered in one order.

Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 26774
Experience: Estate Law Expert
Dwayne B. and 4 other Estate Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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