Executor of the Will (NOT THE ESTATE) is the ex-wife of the deceased; she has not filed with the probate court; only deposited the will; and has rented the house for her own gain, against the will of the rightful person inheriting the estate. Nothing has gone through probate for 2+ years; all utilities and estate are solely in deceased person's name; All items have been removed from the estate; disposed of; and all monies left to the heir have been spent; all documents (Last Will & Testament, Life Ins Docs) have been thrown away; and house was rented with no notice to the heir. The executor is the mother of the Heir (Who is imprisoned); lacks power of attorney of the son or the want to move forward with probate. Can she legally rent this house?
As you can guess, I am the renter that witnessed the disposal of goods; have seen documents been thrown away and heard all the stories about the money that is all gone? I don't wonder why it hasn't gone through probate, but this woman is taking everything for herself and needs to be held responsible for her actions. What do I do to help her son and make certain she doesn't get away with fraudulent activities?
Her son should contact a probate attorney to see if there is something that needs to be done. It may be that she is fully entitled to the funds and while they should be paid to the estate first, there may be no harm. Since it is over 2 years, creditors claims, not already filed are bared.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Sounds like your concerns are legitimate and have very little to do with your interest. Be careful what you wish for, as any action you take may end your lease agreement.
The answers given are limited to the...
You could write to the heir and provide him all of this information. You could consider hiring an attorney for him, if he wants your assistance. You could call the police and report what you know. Other than that, I don't see really anything else that you might do. I will say this, if you were to stop paying rent, without proper legal documentation of her authority to control the property, it might be very very difficult for that woman to evict you. You would have some very strong defenses going for you. Of course, I am speculating, but there you have it.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or any affiliated person or entity.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline