Estate Law Questions? Ask an Estate Lawyer.
I have not filed a petition to open a probate case. Is this necessary if I am the executor and sole heir as named in his will?
The only outstanding bills I'm aware of are his credit card balance and a debt owed to a nursing home. Also, there is his house which is in his name which still has a large mortgage balance.
There is a joint checking account in both our names.
Do I have authority to sell or rent his home?
Legally no. Right now his estate owns the house and if you haven't been legally named executor by a judge, there is no one who can act on behalf of the estate.
Now practically, since you are the sole heir, there is no one to object to your doing so. You couldn't sell it, because you can't legally sign a deed as executor, but you could rent it if you chose to.
I would like rent the house to produce income to pay the monthly mortgage payment and save money for his other debts. Am I allowed to use a portion of that monthly income to pay a monthly management fee to myself or other party?
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