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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36558
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am a landlord in WV. i have a situation where a tenant

Customer Question

I am a landlord in WV. i have a situation where a tenant rented one of my mobil home sites. In August he passed away but was married. there has been no payment of rent since August. The estate is in probate and will published in the paper in February. The probate office told her not to pay any bills. the trailer i assume is in his name only. he was just married before he died. i know file a claim against the estate for the back rent. can i give her notice now to remove the trailer from the lot? By law in Kanawha Co. you must give them 90 days and if not removed you must sue them in magistrate court and the magistrate will give them another 90 days. may i give her notice as executor of the estate?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: West Virginia
JA: Has any paperwork been filed?
Customer: The estate is in probate.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i have communicated with the wife who is the executor of his estate. she refused to pay any rent. i can file a claim but who knows what will be left in his estate. i just want to know if i can start the edition process now since it takes so long. This is my income an livelihood.
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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may i give her notice as executor of the estate?

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Yes, if she has opened a probate case to settle his estate, she is the legal representative for the estate, which now owns the trailer and is responsible for the rent and the trailer. So as the legal rep, she is the only person you could serve with any legal notices regarding the tenancy.

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thanks

Barrister

Customer: replied 5 months ago.
Even though she is not on the tile of the Mobil home?
Expert:  Barrister replied 5 months ago.

Yes, the estate of the deceased owns the home now. And the executor of the estate is the legal representative of the estate. So if you want to evict the estate (i.e. the entity that is liable for the lease of the deceased), then you have to serve the executor with any eviction paperwork or notices.

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You aren't serving her as a person, you are serving her as the executor.

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thanks

Barrister

Customer: replied 5 months ago.
I talked with the fiduciary office today and they told me that they told her not to pay anything until the estate is closed. They are advertising this for 2 weeks in the newspaper in February. In kanawha co. Charleston Wv ypu must give them 90days served by the landlord. Then if they do not remove it, you sue them in magistrate court and it has been my experience they will give her another 90 days. Can I include the additional months rent when I put a claim aganist the estate. That doesn't guarantee I'll get anything because I have no idea how many creditors will be before me.
Customer: replied 5 months ago.
The fudiciary told me she told if she paid anything then she would be liable for his debts. He had newly married and was going to move into his new wife's home. The new wife never lived in the Mobil home.
Expert:  Barrister replied 5 months ago.

Can I include the additional months rent when I put a claim aganist the estate.

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You can only claim delinquent rent, not future rent, because future rent is not yet due.. But anything that comes due while you are waiting to be paid from the fiduciary.

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The fudiciary told me she told if she paid anything then she would be liable for his debts.

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That is completely false. Only the estate is liable for the estate's and the decedent's debts. She bears zero personal liability for the estate debts.

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thanks

Barrister

Customer: replied 5 months ago.
How should the eviction letter read. I don't want to use any incorrect language that an attorney can use against me.
Customer: replied 5 months ago.
This man did not have a will but does have children by a previous wife.
Expert:  Barrister replied 5 months ago.

I can't draft up legal letters or notices for customers since I don't represent customers from the site.. But you would just want to state that you are demanding the past due rent in the amount of $XXXXX immediately or you will file the eviction action.

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Then if the fiduciary doesn't pay the delinquent rent, you can immediately file the eviction case with the court clerks.

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This man did not have a will but does have children by a previous wife.

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That doesn't have anything to do with the eviction action...

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If you feel your questions have been answered, I would very much appreciate a positive rating by clicking on the stars, smiley faces, or numbers on your screen as that is the only way I receive credit for my work.

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thanks

Barrister

Customer: replied 5 months ago.
I do not have leases for Mobil home sites only my houses. I do have his rental application that we both signed and copies of rent receipts. The fiduciary said without a lease I cannot file a claim. In all my time as a landlord this has never happened before. Should I address this to her as executor of Charles bowyer?
Expert:  Barrister replied 5 months ago.

The fiduciary here is apparently entirely ignorant of the law regarding landlord/tenant relations.. What you have is an oral month to month tenancy. So if it were me, I wouldn't pay too much attention to what she is saying because she is simply lying to you.

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And if there is a will, she his Executor, if not, she is Administrator of the Estate of XXXXXXX.

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thanks

Barrister

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