Rent Estate Property during Probate

[willsout]

What is the name of your state? PA

I’m the administrator of my fathers estate. Several of the beneficiaries of the estate are living in houses that belong to the estate and they pay no rent. The estate has no cash money to maintain the homes. Can I charge the beneficiaries living in the homes rent during the probate period as long as I base the rent on a per square foot basis? If I were to charge rent based on an amount per square foot it should make things fair since some of the homes are larger than others.

 

[tranquility]

It depends. There is nothing inherently wrong with renting out property owned by the estate during administration. The beneficiaries do not own the property yet.

However, you must treat the beneficiaries fairly. You have a fiduciary relationship with them. Without reviewing the estate and its issues, advice cannot be given regarding it. I can envision many possibilities where the charging of rent in this issue would be a breach. Depending on the will and the debts and the assets and your relationship to everything you could violate your duties by charging them rent.