Memphis, TN asked in Probate for Mississippi

Q: Sister named executor of Fathers will. House left to both of us. Can she rent the house before probate happens?

Father died recently. Sister named as executor of his will. House left to the 2 of us in the will. She wants to rent out the house now. Can she do this before the will is taken to a lawyer and probate started?

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: Assuming your father has passed and his name alone was on the property, no one can do ANYTHING until probate has begun. You both (but particularly your sister who is the executrix/personal representative) need to consult with an local probate attorney ASAP and BEFORE you do anything with your dad's property.

Don't be too anxious to 'get this done' that you do it wrong and then have to UNDO things to make it right. That is a recipe for spending more than you need to!

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

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