Problems when landlord/property owner dies....

[GAWildKat]

What is the name of your state? Georgia


I'll try to do this in a way that isn't confusing...

The landlord, my mother died in July.

She owned a 2 apt duplex next door to her.

Only one apt was occupied at the time of her death.

The tenants choose to withold rent pending a notice stating who was to offically collect the rent.

I (the youngest daughter) was asked to move into the unoccupied apt by one of the executors to manage the property and watch over my mother's home until the house was free to enter.

During the time since my mother's passing one of the 2 executors was pressuring and harrassing the tenants to pay her the rent or move out (she couldn't get an eviction until AFTER the will probates).

In the process of the tenants moving out the left the place a mess and have not gotten all of their possesions out of the apt.

The same executor also had the water cut off to the rental property during this time in an effort to force the tenants to move out or pay up.

Unbeknownist to myself or the other executor she sent the city a notice to turn off the water which they recieved Sept 27th 2005, the water wasn't cutoff until Dec 15th 2005.

The city refuses to return service to the property until the past due account is paid in full whether or not a new account is started in my name.

My questions are:
What are the rights and responsiblities of the executor who turned off the water?

What are my rights as a tenant w/o a lease?

By which procedure can the other apt be reclaimed with the above information?

What should I do to go about reclaiming damages from the executor?

Is there anything else I should know about this given the facts?

TIA

 

[HomeGuru]

What is the name of your state? Georgia


I'll try to do this in a way that isn't confusing...

The landlord, my mother died in July.

She owned a 2 apt duplex next door to her.

Only one apt was occupied at the time of her death.

The tenants choose to withold rent pending a notice stating who was to offically collect the rent.

I (the youngest daughter) was asked to move into the unoccupied apt by one of the executors to manage the property and watch over my mother's home until the house was free to enter.

During the time since my mother's passing one of the 2 executors was pressuring and harrassing the tenants to pay her the rent or move out (she couldn't get an eviction until AFTER the will probates).

**A: not true. An executor has authority to evict on behalf of the estate without waiting for probate to close.
*******

In the process of the tenants moving out the left the place a mess and have not gotten all of their possesions out of the apt.

The same executor also had the water cut off to the rental property during this time in an effort to force the tenants to move out or pay up.

**A: that is illegal to cut off tenant utilties, and the tenants could file a lawuit agaisnt the estate, and win.
*******

Unbeknownist to myself or the other executor she sent the city a notice to turn off the water which they recieved Sept 27th 2005, the water wasn't cutoff until Dec 15th 2005.

The city refuses to return service to the property until the past due account is paid in full whether or not a new account is started in my name.

**A: yes, that is their standard policy.
*********
My questions are:
What are the rights and responsiblities of the executor who turned off the water?

**A: see above.
*********
What are my rights as a tenant w/o a lease?

**A: read the GA L/T law specifically month to month tenancy.
********

By which procedure can the other apt be reclaimed with the above information?

**A: reclaimed? What are you specifically asking? The estate already has ownership of the property.
*******
What should I do to go about reclaiming damages from the executor?

Is there anything else I should know about this given the facts?

**A: what else would you like to know?
******

TIA

**A: post additional specific questions.
I have one for you; where is the probate attorney?

 

[GAWildKat]

The probate attny was hired by one of the executors after the original attny refuse to probate my mother's standing will.
Since I have not met with him I haven't been able to consult about the tenant or the water.
As I understand with the eviction or lack of due process on that the executors have not been granted power of attny over the estate yet, thus they can't have the water service turned on or start paying off my mother's debts and apparently goes towards the eviction process as well. Thursday December 22, 2005 one of the executors was sworn in as an officer of the court whereas the other one chose to not show at all. The executor that is working with me to solve the water issue spoke to the probate lawyer and was told I cannot be denied water service even if they city tries to force it. The bill should be settled with the estate, not me. I understand this is very complicated and I'm trying to learn about the best way to go about this.

 

[HomeGuru]

The probate attny was hired by one of the executors after the original attny refuse to probate my mother's standing will.
Since I have not met with him I haven't been able to consult about the tenant or the water.
As I understand with the eviction or lack of due process on that the executors have not been granted power of attny over the estate yet, thus they can't have the water service turned on or start paying off my mother's debts and apparently goes towards the eviction process as well. Thursday December 22, 2005 one of the executors was sworn in as an officer of the court whereas the other one chose to not show at all. The executor that is working with me to solve the water issue spoke to the probate lawyer and was told I cannot be denied water service even if they city tries to force it. The bill should be settled with the estate, not me. I understand this is very complicated and I'm trying to learn about the best way to go about this.

**A: the bottom line is someone has to pay the past water bills in order for the water company to commence service.

 

[south]

Your Quote: The tenants choose to withold rent pending a notice stating who was to offically collect the rent.

You are not the executors of the will nor the new landlords.

You should have kept writing the checks out to the name on the lease dead or not, it was not up to you to celebrate an opportunity to withhold rent, you are living there you have to pay on time as the lease states, you cannot simply live for free.

If the relatives cannot cash the checks then lucky old you until such time it is arranged that they can.

If the relatives want to prop up the landlords body at the bank that is up to them.

The checks would have been your proof you paid your rent and on time the executor of the will the family lawyer or probate would sort the rest out which has nothing to do with you.

 

[HomeGuru]

Your Quote: The tenants choose to withold rent pending a notice stating who was to offically collect the rent.

You are not the executors of the will nor the new landlords.

You should have kept writing the checks out to the name on the lease dead or not, it was not up to you to celebrate an opportunity to withhold rent, you are living there you have to pay on time as the lease states, you cannot simply live for free.

If the relatives cannot cash the checks then lucky old you until such time it is arranged that they can.

If the relatives want to prop up the landlords body at the bank that is up to them.

The checks would have been your proof you paid your rent and on time the executor of the will the family lawyer or probate would sort the rest out which has nothing to do with you.

**A: good points, especially the dead body at the bank scenario.

 

[GAWildKat]

ok,
let's get something straight here..... I'm not the tenant owing back rent as I am an inheritor and have no lease here until the family decides if I will pay rent or not. The tenant who owed back rent moved out 3 weeks ago. The executors nor I have access to their rental information such as lease and contacts since all that is locked away in my mother's house until the courts grant us access to it. For all practical purposes the tenants next door in my duplex have abandoned the apt and have made no further efforts to remove the rest of their possessions from it.

 

[Gadfly]

This whole affair sounds royally scr***d up.

First, why were you "asked to move in." Do you have anything in writing that states the terms of your tennency?

What the executor did by cutting off the water puts the entire estate in jepordy because you can't do that and therefore there could be danger of a suit against the estate that could cause you to loose everything.

Was the water in the tennants name or the owner/estate's name? If it was in the owner/estate, then the estate is responsible for the bill.

When the tennant elected to "withhold" rent the executor should have made arrangements right then to set up escrow with a disinterested third part to hold the funds until that was made clear. However, the whole withhold thing sounds wrong.

The first attorney decided not to probate? Why? Is something wrong with the will/estate.

YOU need to be communicating more directly with the executors than you are. There seem to be an awful lot of unresolved issues. I know the loss of a loved one can be stressful, but after 3-months you seem to be nowhere.

 

[south]

Especially when the relatives are in a feeding frenzy.

I know the loss of a loved one can be stressful,

 

[HomeGuru]

Especially when the relatives are in a feeding frenzy.

**A: sounds like pirahna's.

 

[GAWildKat]

OK my 2 older sisters are the estate's executors. One of which I am speaking to almost daily but the whole thing with the estate is a she said/she said thing between the 2 sisters about who is guilty for the mess to date with the water tenant issues, both of them were demanding rent from the tenants and the tenants didn't want to be caught having to pay double for their rent because neither of my sisters are behaving well and have been at each other's throats since mom passed away. I went to the city water authority yesterday to try and get the water in my name but because the house is a duplex that shares a meter I cannot do that. Only the executors can do that but only AFTER they get power of attorney over the estate which could be another month. The water bill (which includes trash pickup) was in my mother's name. The middle sister decided she wasn't paying all of mom's bills although the attorney stated that the rental property had to be maintained until the will finished probating. The property taxes are past due, the water bill at the rental was allowed to lapse for 3 mons before the city finally cut it off, the phone at my mother's is unpaid; but my mother's house heat, electric, and water and is vacant while I live only a few feet away without the most basic needs because my sister cannot be responsible.
As to the question about me being asked to move in... my eldest sister asked me to move in to manage the rental house and do repairs as needed and watch over my mother's house in case there was a break in while it sits vacant. I have yet to hear back from the probate attorney on his thoughts regarding these problems and am waiting for his call. I just want to be able to shower at home, wash dishes, and wash clothes and have water to drink or make coffee/tea with.

In reference to the first attorney's refusal to probate my mother's will.
My mother had asked that there be a new will made that left the entire bulk of the estate to my middle sister but it wasn't finished nor signed by the time mom passed away. The lawyer refused to probate the properly signed will because of my mother's change of heart sometime prior to her death and threatened to testify at the probate hearing about this unsigned will. She was fired as a result and a new attorney was hired.


I am about to say to hell with both sisters and ask that they both be excused from executorship and a 3rd party be named before more damage be done to this family.

 

[Gadfly]

If you were appointed by your sisters to manage the properties then they need to allow you to do that. The rent should be placed into a management account. Out of that you should be paying the taxes, mortagages (if any), maintance, etc. You should also be taking the water/gargabe bill and dividing it equally with the tenants and collecting for that each month (unless of course the lease states that those are included in the rent).

Assuming that you are all over 21 you are "adults". Call a meeting and sit down and work out your issues. If the three of you can't get this accomplished then you will loose everything.

 

[south]

Like I guessed it be a feeding frenzy a happening in your family.

This situation reminds me of an old saying: He all wanteth all geteth nought.

Throw a bucket of water over them and tell them to cut it out before it gets expensive and they end up with nothing at all, the poor old Mum she would turn in her grave if she saw this greed going on..

Are they that wrapped up in greed that they do not want to share equally?

The tenants should keep writing their rent checks as per their lease until a court document or legal document instructs them otherwise.

OK my 2 older sisters are the estate's executors. One of which I am speaking to almost daily but the whole thing with the estate is a she said/she said thing between the 2 sisters about who is guilty for the mess to date with the water tenant issues, both of them were demanding rent from the tenants and the tenants didn't want to be caught having to pay double for their rent because neither of my sisters are behaving well and have been at each other's throats since mom passed away. I went to the city water authority yesterday to try and get the water in my name but because the house is a duplex that shares a meter I cannot do that. Only the executors can do that but only AFTER they get power of attorney over the estate which could be another month. The water bill (which includes trash pickup) was in my mother's name. The middle sister decided she wasn't paying all of mom's bills although the attorney stated that the rental property had to be maintained until the will finished probating. The property taxes are past due, the water bill at the rental was allowed to lapse for 3 mons before the city finally cut it off, the phone at my mother's is unpaid; but my mother's house heat, electric, and water and is vacant while I live only a few feet away without the most basic needs because my sister cannot be responsible.
As to the question about me being asked to move in... my eldest sister asked me to move in to manage the rental house and do repairs as needed and watch over my mother's house in case there was a break in while it sits vacant. I have yet to hear back from the probate attorney on his thoughts regarding these problems and am waiting for his call. I just want to be able to shower at home, wash dishes, and wash clothes and have water to drink or make coffee/tea with.

In reference to the first attorney's refusal to probate my mother's will.
My mother had asked that there be a new will made that left the entire bulk of the estate to my middle sister but it wasn't finished nor signed by the time mom passed away. The lawyer refused to probate the properly signed will because of my mother's change of heart sometime prior to her death and threatened to testify at the probate hearing about this unsigned will. She was fired as a result and a new attorney was hired.


I am about to say to hell with both sisters and ask that they both be excused from executorship and a 3rd party be named before more damage be done to this family.

 

[GAWildKat]

Update...

I talked to the lawyer probating the estate, under these circumstances he cannot forcethe sisters to reinstate the water but he has advised them by not doing so severely jepordizes the estate if I in fact sure for it being turned off. Other than that I have no recourse but to wait and see what happens after both are granted power of attorney over the estate...we shall see what will happen.