What are a co-owner’s rights regarding inherited real estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are a co-owner’s rights regarding inherited real estate?
My 2 siblings and I inherited a house after our dad died. I have not been given a key or allowed to be in the house (just the siblings saying this not the law). I just found out that the executor of the estate (my brother) is now renting out 1 floor of the house (it’s a double home). Can he do this without my permission? And if he can, am I entitled to a portion of the rent money that has been paid or can I kick out the person he has living there if he is not paying rent?
Asked on May 9, 2012 under Estate Planning, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I am so sorry for your loss. You and your siblings have equal rights to the home and have equal obligations to it as well. It sounds, though, as if the estate is still open and the home has not been trannsferred yet. If that is the case then the executor can indeed rent the home to help pay expenses for the estate and the proceeds - the rent - is part of the estate, not his personally. It may be time to sit and speak with your siblings. If this gets you no where then speak with a lawyer on your behalf. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.