Daleville, VA asked in Estate Planning, Probate and Landlord - Tenant for Virginia

Q: Do I write a rental INCOME check to my uncle's estate? my cousins want check written to them.

MY uncle and i owned my grandmother house together, which i have rented for several years and he pasted away Aug 2018. The renter pays me. I wrote check to my uncle's ESTATE for half the rent less expenses and my cousins want me to write a check directly to them. They say there is no will and no estate, but how do I know that.

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Estate Planning Lawyer
  • Potomac, MD
  • Licensed in Virginia

A: You need a consult with a competent lawyer. First, it isn’t clear whether you owe rent. Co-owners don’t pay rent, though your contracts and deed may reverse that. Second, you need to understand title before you pay anyone anything. Payments to the non-owner may not satisfy any rent that is due.

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