Thanks for asking Just Answer:
I will start by saying that Probate can, at times, take time to navigate. Your sister has a duty as Executrix of the estate to administer the estate in the best interest of the heirs. If she fails at that duty she is in breach of her fiduciary duty. You can file a civil suit against her for any damage you have suffered as a result of her breach. It is possible that your sister could rent the property so long as she is getting fair market value and her actions are in the best interest of the estate. I cannot tell you if $300/month is fair market value but it does seem a little low for most places. There is a provision that allows for a relative to continue to live in a residence that they occupied prior to the death.
You can file an application for delivery of the real property pursuant to Tile 20 Section 3535 of the probate code. This will require your sister to turn over the real property to the heirs as long as no one is harmed by her turning it over. Once it is turned over then the heirs responsible for all costs associated with the property.
I have attached relevant statutes from Title 20 below:
301. Title to real and personal estate of a decedent. §
(b) Real estate. - Legal title to all real estate of a decedent shall pass at his death to his heirs or devisees, subject, however, to all the powers granted to the personal representative by this title and lawfully by the will and to all orders of the court.
3311. Possession of real and personal estate; exception. §
A personal representative shall have the right to and shall take possession of, maintain and administer all the real and personal estate of the decedent, except real estate occupied at the time of death by an heir or devisee with the consent of the decedent. He shall collect the rents and income from each asset in his possession until it is sold or distributed, and, during the administration of the estate, shall have the right to maintain any action with respect to it and shall make all reasonable expenditures necessary to preserve it. The court may direct the personal representative to take possession of, administer and maintain real estate so occupied by an heir or a devisee if this is necessary to protect the rights of claimants or other parties. Nothing in this section shall affect the personal representative's power to sell real estate occupied by an heir or devisee.
3535. Delivery of possession of real estate. §
Upon application of any party in interest and after such notice as the court shall direct, the court may order the personal representative to deliver to any distributee possession of any real estate to which he is entitled, provided that claimants and other distributees are not prejudiced thereby. The personal representative shall cease to be responsible for the maintenance of such real estate unless and until possession of it is returned to him with his consent or by order of court. The court, at any time prior to a final decree approving the distribution, may order the distributee to return the possession of any such real estate to the personal representative or may require the distributee to give security for the rents or rental value pending a decree of distribution.
Attorney
Over 9 years experience in Medicaid, Estates, Trust and legal issues of the elderly and disabled