Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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may i give her notice as executor of the estate?
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.
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.
You aren't serving her as a person, you are serving her as the executor.
Can I include the additional months rent when I put a claim aganist the estate.
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.
The fudiciary told me she told if she paid anything then she would be liable for his debts.
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.
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.
Then if the fiduciary doesn't pay the delinquent rent, you can immediately file the eviction case with the court clerks.
This man did not have a will but does have children by a previous wife.
That doesn't have anything to do with the eviction action...
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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.
And if there is a will, she his Executor, if not, she is Administrator of the Estate of XXXXXXX.