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KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4219
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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My Father passed away on May 12 th, 2016. My Father's will

Customer Question

My Father passed away on May 12 th, 2016. My Father's will appointed me as executor of his estate. My sister rented my Dad's house get this done.. in February, I told not to do it but she didn't listen to me. My sister had a stroke around the 8 th of May, and my Father died on the 12 th of May. The house was rented for $1000.00 a month. My sister's son has been collecting the money and paying my sister's bills and using it for his own needs. I talked to the renter and informed her of the illegal renters agreement and to send all future rent money to me for Dad's estate. She has not complied to this request. Do I need a lawyer to appoint me executor of my Dad's estate? I talked to one lawyer and he said it would cost me $1500.00 to get this done. Then I would have to deal with the renters on a second lawsuit. My Dad's will was written so I would not need a lawyer to appoint me as executor, according to the lawyer that wrote the will. Can you please help me, I just don't know what to do. I do not want to disappoint my Dad's last request, it breaks my heart to have to deal with my sister in her present condition. I'm not sure how much she understands since bushes had the stroke. Please help me. My name is*****
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, my name is ***** ***** I am an attorney. I am working on answering your question and will get right back to you.



Expert:  KimberlyLaw replied 1 year ago.


So the way that the will and Executor position works is that doesn't happen unless and until you go to probate court to execute the will.

This means although you don't need an attorney to make you the Executor, because you have already been declared the Executor in the will, it does take a judge to give you any powers as Executor. So although you could technically go to probate court without a lawyer, it could be difficult and it would be advisable to do so with a lawyer.

Now, you don't necessarily HAVE to probate the will. If there are no significant assets of your father, other than the home, you probably don't need to probate the will. Check the title to the property and see how the title was held. If it was in his name alone, it can go through intestate succession to the next of kin, so his wife first if there is one, and then to the children equally. Any bank accounts should say who gets that money, and there may even be someone else's name on the account. In that case that person would not have control over the account.

So you just need to take a look at what the assets are and evaluate if you even need to probate the will.

As for the tenant, you have to first check and see who owns that property right now. If the will says it goes to all the children, then your sister can legally collect rent. Again, unless you have an open probate case in court for the will, you are not technically the Executor yet. You have just been designated in the will as Executor, but you do not currently hold those duties, so the tenant does not have to send you the rent.

So figure out who owns the property now, and that will tell you who has the rights to deal with the tenant and collect the money.

Please let me know if you have any questions about this.



Expert:  KimberlyLaw replied 1 year ago.

Hello, this is Kim, the attorney who assisted you with your legal question.

I didn't see any follow up questions for you and this question is still open.

I am online today if you have any questions about the above. If not, please do rank my answer with positive feedback, so that I get credit for my work with you.

Thanks so much and take care,