Do i have to continue to pay rent to the executor of my step fathers estate? He was my landlord and the place is willed to me.
My step father who was also my landlord just passed away 3 days ago. My home is willed to me. My step sister, who is the executor of his will, is telling me i need to continue to pay rent until everything is taken care of regarding his estate and the high amount of debt and hospital bills he had. Since i am inheriting the house do i have to pay rent until its in my name?
2 attorney answers
If your stepfather just passed away so recently, it is unlikely that probate proceedings have been opened yet. Your step sister may be the named personal representative, often called Executor, but she has no authority until the probate court issues Letters of Authority. However, what she is saying is true. If your stepfather had a lot of debt at his death, that debt will likely need to be paid out of the assets of his estate. Once a Personal Representative is appointed by the court, the assets and debts will be gathered and counted before distributions are made under the Will.
"i am inheriting the house". You may not end up inheriting anything if there are more debts than there are assets in the stepfather's estate.
The creditors of your stepfather will have an opportunity to file claims against the estate. If those claims are valid, they need to be paid before you and the other persons given something in the will get whatever is given.
You can review the specific facts with your attorney to find out your legal options.