I am renting the house while it’s in probate. The tenant wants to downsize and allow her family to takeover the payment of rent. Would changing tenants be allowed during probate process?
This is more of a probate question than a residential real estate question; therefore, I have switched the practice area of your question to probate. To make it easier for the attorneys responding to you question to give you the information you want, you should say what is your relationship to the decedent’s probate estate. If you are the executor or administrator of the estate, say so in your posting.
If you are represented by a lawyer regarding the probate, you should direct your questions to him/her.
This is not legal advice and does not create an attorney-client relationship. The information provided is a general statement of the law. Reviewing a case and giving legal advice to a client requires more information than can be exchanged in this format. If you need legal advice, contact an experienced tenants' attorney.
If you are the executor/administrator you need to do what is in the best interest of the probate estate.
Is the house going to be sold, continue as a rental, distributed to a beneficiary who will live in it?
If it is going to continue as a rental, then keep it rented. If it is to be sold, then get it listed. If it is to go to a beneficiary, contact the person who is going to receive it and ask what they want done with it.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln
If you are the administrator and you have actual Letters of Administration, then you could do this as the administrator of the estate. But you will need to consider the proper rental agreement and rental price on this. Also think about if the house is going to be sold. If so, the more renters in the house the harder it will be to sell it and get a good price.
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