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  1. #1
    annam1 is offline Junior Member
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    Heir Property & Lease

    What is the name of your state (only U.S. law)? Mississippi

    In March of this year I signed a lease with an individual who lives on land that is heir property. There are 10 siblings all together. 8 live out of state and the landlord I signed with lived here with a brother in another house on the property. I have been paying the rent to the landlord on my lease. He was convicted of a crime and sentenced to a year in jail 3 weeks ago. In those 3 weeks the siblings that are also owners of the land (I did not know this beforehand but gained quite a bit of insight three weeks ago) contacted me and told me they were evicting me. With a 12 month lease in place, and current on rental payments do I have any legal standing or should I move. I am currently looking for another place but it will take a few months. I was told I could send the money to the landlord who is incarcerated and the lease still be valid. The siblings do not want payment, instead for me to leave the property. Is the lease still valid even though the person I signed the lease with was not the only owner of the property?

    *The property is still in the name of the deceased parent and the landlord I signed the agreement with had two previous lease agreements with two previous tenants that the siblings did not have any concern over. I tried to work out an agreement to send the money to one of the siblings but they refuse to accept payment.
  2. #2
    tranquility is offline Senior Member
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    Quote Originally Posted by annam1 View Post
    What is the name of your state (only U.S. law)? Mississippi

    In March of this year I signed a lease with an individual who lives on land that is heir property. There are 10 siblings all together. 8 live out of state and the landlord I signed with lived here with a brother in another house on the property. I have been paying the rent to the landlord on my lease. He was convicted of a crime and sentenced to a year in jail 3 weeks ago. In those 3 weeks the siblings that are also owners of the land (I did not know this beforehand but gained quite a bit of insight three weeks ago) contacted me and told me they were evicting me. With a 12 month lease in place, and current on rental payments do I have any legal standing or should I move. I am currently looking for another place but it will take a few months. I was told I could send the money to the landlord who is incarcerated and the lease still be valid. The siblings do not want payment, instead for me to leave the property. Is the lease still valid even though the person I signed the lease with was not the only owner of the property?

    *The property is still in the name of the deceased parent and the landlord I signed the agreement with had two previous lease agreements with two previous tenants that the siblings did not have any concern over. I tried to work out an agreement to send the money to one of the siblings but they refuse to accept payment.
    All owners have a right of possession and any owner can individually lease that right to another. If the property was in the names of all the parties, there would be no argument. You could stay as long as you followed the terms of the lease. One bad thing would be another owner could also assert possession and that is not what you planned on. While he could not evict you, he could let another on the property. Then, your remedy would be against the one (now in prison) who failed to give you the exclusive possession you thought you were getting.

    The real issue here is the ownership one. Who owns the property? Eventually, all will own and the above paragraph is true. If it has not yet gone through probate, the estate of the deceased is the owner. That means that although your lease would not be valid (and you'd have to sue the person you made it with for breach), there isn't anyone who would have legal standing to force you out either. The heirs need to open probate and get an executor before evicting you. That all could take some time if it is not already opened. So, who owns the property?
  3. #3
    annam1 is offline Junior Member
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    Quote Originally Posted by tranquility View Post
    All owners have a right of possession and any owner can individually lease that right to another. If the property was in the names of all the parties, there would be no argument. You could stay as long as you followed the terms of the lease. One bad thing would be another owner could also assert possession and that is not what you planned on. While he could not evict you, he could let another on the property. Then, your remedy would be against the one (now in prison) who failed to give you the exclusive possession you thought you were getting.

    The real issue here is the ownership one. Who owns the property? Eventually, all will own and the above paragraph is true. If it has not yet gone through probate, the estate of the deceased is the owner. That means that although your lease would not be valid (and you'd have to sue the person you made it with for breach), there isn't anyone who would have legal standing to force you out either. The heirs need to open probate and get an executor before evicting you. That all could take some time if it is not already opened. So, who owns the property?
    The property is still in the name of the deceased parent. The property taxes were delinquent and it was listed as being delinquent in the local paper under the name of the deceased parent. (It has been paid now) There are two houses on the property. Both are still in the name of the deceased.

    I was contacted by one of the siblings and told they had filed eviction papers and for me to move within 3 days before I am put out in the cold.
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by annam1 View Post
    The property is still in the name of the deceased parent. The property taxes were delinquent and it was listed as being delinquent in the local paper under the name of the deceased parent. (It has been paid now) There are two houses on the property. Both are still in the name of the deceased.

    I was contacted by one of the siblings and told they had filed eviction papers and for me to move within 3 days before I am put out in the cold.
    They cannot do that...it doesn't work that way. I would suggest that you recommend that they review landlord tenant law to see how an eviction is supposed to work before they continue making those kinds of threats, and then get yourself a consult with a real estate attorney within the next couple of days.
  5. #5
    justalayman is offline Senior Member
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    The problem you have is if probate has not been opened AND the person you signed the lease with is also the executor or personal rep and rented to you as exec of the estate, you do not have a valid lease because the guy you were renting from does not own the property or have the authority to act on behalf of the owner.

    You won't be evicted as fast as you were threatened to be off but if they move expeditiously, they should be able to have you out by the time it is cold outside.
  6. #6
    tranquility is offline Senior Member
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    If the person trying to evict you is not the estate's executor, get an attorney. The plaintiff will be paying for it due to the frivolous lawsuit.
  7. #7
    annam1 is offline Junior Member
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    Thank you all. The thing is that the person I signed the lease with is one of the heirs to the property. They have never been to probate court or gotten anything out of the deceased parent's name.
  8. #8
    justalayman is offline Senior Member
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    Quote Originally Posted by annam1 View Post
    Thank you all. The thing is that the person I signed the lease with is one of the heirs to the property. They have never been to probate court or gotten anything out of the deceased parent's name.
    that is understood. That is why you likely have a problem. Unless that person had the authority to act on behalf of the estate of the decedent, he could not legally enter into a contract concerning the property. If he did not hold such a position, while the other siblings may not have a right to act on behalf of the decedent at the moment, there is no doubt they could obtain such authority by applying to open probate and apply to be appointed executor. Once appointed, they would have the right to act on behalf of the estate and could evict you from the property.


    Until that time, you are kind of in limbo with nobody having legal authority to do anything. Now, I will say that the local police may not care about probate and treat it as if the siblings do have the authority to claim you are trespassing. If anything happens, an attorney would be a great thing to have available.
  9. #9
    tranquility is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    that is understood. That is why you likely have a problem. Unless that person had the authority to act on behalf of the estate of the decedent, he could not legally enter into a contract concerning the property. If he did not hold such a position, while the other siblings may not have a right to act on behalf of the decedent at the moment, there is no doubt they could obtain such authority by applying to open probate and apply to be appointed executor. Once appointed, they would have the right to act on behalf of the estate and could evict you from the property.


    Until that time, you are kind of in limbo with nobody having legal authority to do anything. Now, I will say that the local police may not care about probate and treat it as if the siblings do have the authority to claim you are trespassing. If anything happens, an attorney would be a great thing to have available.
    The police have to care about probate. If the siblings do have the authority to claim the OP is trespassing, then the OP has a valid lease. If the police were to arrest the OP, the siblings would get to be on the wrong end of a lawsuit. Maybe the police as well.
  10. #10
    justalayman is offline Senior Member
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    Bottom line: the op should plan ahead a bit and start look for new digs cuz sooner or later, if the siblings want her gone, she is going to be gone.

    If this is a small town, I would not be surprised to hear the cops took the side of the siblings an ordered the op off the prroperty, regardless of whether it might result in a suit.

    Now, here is something to think about:

    Does the op have a written lease signed by the incarcerated sibling? If not, how does anybody know that the op isn't just a squatter?
  11. #11
    tranquility is offline Senior Member
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    Quote Originally Posted by justalayman View Post
    Bottom line: the op should plan ahead a bit and start look for new digs cuz sooner or later, if the siblings want her gone, she is going to be gone.

    If this is a small town, I would not be surprised to hear the cops took the side of the siblings an ordered the op off the prroperty, regardless of whether it might result in a suit.

    Now, here is something to think about:

    Does the op have a written lease signed by the incarcerated sibling? If not, how does anybody know that the op isn't just a squatter?
    I agree. Once there is an executor, there is a possibility of an immediate demand to leave. I'm not sure the OP wouldn't have to be evicted, but it is possible she could just be removed. As to the written lease:
    In March of this year I signed a lease with an individual who lives on land that is heir property.
    I'm thinking, yes.
  12. #12
    annam1 is offline Junior Member
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    Yes, I have a lease signed by the incarcerated sibling. I had to have one to get the electricity started and to get my children verified for school. There were two copies, one for me and one for the sibling that signed.

    Thanks again to you all.

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