Should we let the family move into the house during probate?

UPDATED: Oct 1, 2022

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Should we let the family move into the house during probate?

My mother died and my nephew is buying the house. He wants to move in and live there until he can sell his house then pay us for the farm. My younger sister says no.

Asked on November 2, 2018 under Estate Planning, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss.  So the issue can be one of liability and who bears it during probate.  The answer is generally that the estate has to maintain the house and its upkeep and keep it insured for loss like fire, etc.  The problem that may occur is that if you let him live there the estate is still responsible for the negligence of the "tenant" during probate.  You could "rent" him the property with a full on lease shifting liability and requiring he carry insurance for the property and having that rent go twoard the down payment.  I would speak with a real estate attorney on the best way to do this given the law in your area and consult with your estate attorney about coordinating it.  Good luck.

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