Q: Does PR need to seek court's permission to charge rent to tenant residing in decedent's 3 family home?
My mother passed away intestate in Jan 2014. Recently, I was appointed PR of the estate. In addtion to myself, my sister and brother are the only legal heirs. The estate's only asset is the family home which is a multi-family, 3 decker, located in MA. Currently, my sister resides in the 1st floor apartment, She does not pay rent. My brother and I offered her first right of refusal to a buyout sent via certified mail twice. She signed for the certified letter but never responded to the buyout offer. I am in the process of preparation of the home for sale. I have absorbed all the costs legal fees, property taxes, etc. I want to charge her monthly rent as a tenancy at will agreement. As PR, am I required to obtain the court's permission to charge her rent in the estate's name/benefit until such time as the home is sold? Thanks in advance for any information you are able to provide to me.
A: This presents a complicated issue. I would go to court and ask for permission to charge and collect rent as well as sell the property, not so much as to get permission but to save you from a contest over your actions by your sister in the future. I would contact an attorney immediately for help. There are variety of issues you need to confront with a situation like this. You do not indicate whether your sister is financially able to buy the property or even pay rent, her competency or other issues. You will have to provide your sister with a month to month lease before you charge rent and if she refuses to enter into a lease, then evict her for trespassing. I assume the other two units are rented and you collect rent. The rent should go to pay the mortgage, taxes and maintenance, then the expense of the estate. Anything left from the rent should be divided between you and your brother since your sister is deriving at least 1/3rd of the income benefit from the property through her occupancy. Your ability to sell the property with a squatter so to speak will dramatically reduce the price you can get to sell the property. So if you either need a lease or you will have to evict her to sell the property for its best price.
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