How can we enforce a lease agreement before an executor is appointed?

UPDATED: Oct 1, 2022

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How can we enforce a lease agreement before an executor is appointed?

My uncle passed away late May without a Will in Mississippi. He left some rental properties occupied by tenants. We have not met with an attorney yet to start probate or establish an executor. How can we ensure the tenants continue to pay rent in the interim?

Asked on July 6, 2019 under Estate Planning, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Did your uncle own the properities in his own name: If he did, then legally, you can't take any actions against the tenants before a personal representative or administrator is appointed (an "executor" is only when there is a will naming one; otherwise, the court will appoint someone to a very similar role called either personal representative or administrator). Only a personal representative or administrator has the legal authority to act for the estate, which will include your uncle's rental properties.
If the properties were owned by an LLC or corporation, then if there was another owner or any other employees of the LLC or corporation, then can keep acting on its behalf.

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 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.

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