Q: Could a beneficiary be liable for any damages incurred on inherited property prior to the will being probated?
I am a beneficiary to property (condo) in NJ. I live in another state, but the executor lives in NJ. The executor has not probated the will and has a family member living, rent-free on the property.
My question: If something happens to the condo (e.g. a fire) and there are damages to others, could I be liable because I am a beneficiary? Could I be responsible for any damages done because the legal owner is deceased and the property belongs to executor and me… even though the will has not yet been probated?
A:
If you are not a CURRENT owner at the time of a loss, no you can't be made responsible retroactively. The ESTATE should be charging some sort of rent -- even if that is just 'pay the taxes insurance and utilities while you are there' and there SHOULD be insurance to cover any losses maintained before the estate transfers the property.
The property DOES NOT YET belong to you. It won't until probate is complete and/or the title is transferred.
If you need help getting this moving, I'd strongly urge you to consult with a NJ attorney to begin the probate process. If the PR hasn't done that yet, it may be time for you to step in and force things. Seek local legal representation!
--This answer is provided for general information only and does not constitute legal advice or create a lawyer/client relationship. I am licensed to practice only in Michigan.
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