What are our rights and responsibilities?

[kdb7]

What is the name of your state? Maryland

My wife has been named executor of her grandfather's estate. She and her Uncle have each been willed 50% ownership of the property where the Grandfather lived. When the Grandfather was living the uncle also resided with him. Prior to the Grandfathers death most of the bills were all paid in full. Since the Grandfather's death the Uncle has continued to live on the premises which he believes in his mind is his even though he has seen the Will. We realize that it will be approximately 6 months before the probate will closed and the estate dissolved. Several questions: What responsibilities as executor does my wife have regarding the property and its upkeep besides paying the property taxes? The Uncle is under the belief that the estate will continue to pay the utilities and other expenses occurred as a result of him living there just like the Grandfather had always done. In my opinion the Uncle is a little slow he does however works full time, owns several vehicles, and therfore should be able to pay the bills that he is generating. My wife has been told that if she does not maintain the property of the estate (keep the utilities paid and do any repairs when needed) and the Uncle who is living there gets sick or injured she could be held liable and possibly sued. Is this true? If my wife is responsible for the estate for the next 6 months does the Uncle have the right to stay there during this time when the property is still part of the estate? If so, is the Uncle obligated to pay rent? I realize that after the property is deeded over to both my wife and her Uncle that she has the right to collect rent from him for staying there but what if any rights does she have now?

Thanks!

 

[seniorjudge]

Q: What responsibilities as executor does my wife have regarding the property and its upkeep besides paying the property taxes?

A: She is required by law to, among other things, preserve all the assets of the estate.


Q: My wife has been told that if she does not maintain the property of the estate (keep the utilities paid and do any repairs when needed) and the Uncle who is living there gets sick or injured she could be held liable and possibly sued. Is this true?

A: Yes. Anybody can sue anyone for anything at any time anywhere. Whether the lawsuit would be successful is something no one knows.



Q: If my wife is responsible for the estate for the next 6 months does the Uncle have the right to stay there during this time when the property is still part of the estate?

A: She should ask the court for a ruling on this.


Q: If so, is the Uncle obligated to pay rent?

A: See prior answer.


Q: I realize that after the property is deeded over to both my wife and her Uncle that she has the right to collect rent from him for staying there but what if any rights does she have now?

A: See prior answer. Obviously, if your wife gets a court order to do something, then she is protected. She is a fiduciary and must be more careful with this stuff than she is with her own stuff.

 

[Dandy Don]

His thinking that he can stay there rent-free is a misconception. She can ask for rent during the time that the estate hasn't closed.

What she really needs to do is consult with him to find out if he would be agreeable to a sale of the home--beneficial to both parties so each could get the income from it.