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Ray
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Experience:  30 years in civil, probate, real estate, elder law
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Hi, I am the Trustee for my step-dads estate. There are 4

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Hi,
I am the Trustee for my step-dad's estate. There are 4 beneficiaries - two step siblings my brother and myself. I have to sell his house and distribute those assets. His wife of one year [to day day he passed] still lives in the house but is planning on moving out. I would like to list it by July 1st and let her know that at the start of April. She is a hot-head and I am tiptoeing around her. In the meantime, the homeowner's insurance and utilities are adding up which she offered to pay until July when she will vacate. If I allow her to pay the homeowner's insurance and utilities, will that give her rights to stay if she were to change her mind and refuse to leave by the time we need to sell the house? She will not be paying rent of any kind. [I don't meant to sound harsh but she is the beneficiary of his 3 million so I don't feel terribly bad.]

RayAnswers :

Thanks for your question and good afternoon.

RayAnswers :

This would not give her a claim.My suggestion here is a letter agreement where she agrees to pay the insurance and utilities in lieu of rent until she vacates it.And add a vacate date here.That way you have some proof of agreement.

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Certainly you are doing her a favor here by allowing her to remain for the cost of the insurance and utilities.You just want to make sure you verify that she has done so.

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This would be a reasonable way to confirm your agreement to avoid any dispute down the road.

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You are being more than generous this is certainly a fair way t o handle the matters/issues involved.

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She is a month to month tenant here.If she doesn't leave after the agreed time you would have to begin eviction proceedings.

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Since she is already living there her status does not change if she pays utilities and insurance.

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It has been my pleasure to help you.Please let me know if you have more follow up.Thanks again.

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I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.


 

Customer:

Thank you for the quick response. Just so I am completely clear: Even though she has not been paying for anything since my step dad passed [a month a half ago] she is considered a tenant and therefore has tenant rights? A formal eviction would still be necessary if she were to refuse to leave?

RayAnswers :

Yes it would.Anytime you have say an adult child, a girlfriend, or a relative--here his wife they are considered month to month tenants.You would provide them notice and then file an eviction suit.But certainly a doing a letter agreement here to confirm what you have discussed is the way to go.You mail it to her as trustee and put a signature line at bottom where she agrees.This gives you a contract that would allow you to file suit for insurance or utilities if she doesn't pay them.

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Something like..

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XXXXX XXXXX

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Address

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Re:Our agreement concerning the property located atXXXXX city, state.

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Dear XXXXX,

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This letter is to confirm that the trust has agreed to let you remain on the premises until July 1, 2013 and that you agree to vacate them at that time.You further agree to pay the utilities including water, electric, gas, cable, etc for the period from April 1, 2013 until the time that you vacate.This will allow you the time to make arrangements to relocate.It is my intention to list the property for sale on .... and that you agree to show the property given proper notice.Please confirm your agreement to these terms by signing this letter and returning it to me for the trust files.

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Sincerely Yours,

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Your name.

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____________________

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Agreed

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_________________

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XXXXX XXXXX

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Something like this as a letter agreement to confirm your terms.

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And you may want to add language that such utility payments are in lieu of rent.

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I wish you good luck here.This will hopefully avoid any misunderstandings.

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I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


This communication does not establish an attorney client relationship here.Information provided is not legal advice. Rather it is simply general information.


 

RayAnswers :

Feel free to modify the form to your facts..

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Thanks again.

Customer:

Thanks!

RayAnswers :

Good luck here with the sale and thanks for the rating.

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