Los Angeles, CA asked in Estate Planning and Probate for California

Q: I have been granted letters of administration of a property in my sister's estate can I collect the rent from rental pro

The property is currently owned by opposing party whom I've claimed got the property improperly and presented a fraudulent will through Discovery I have more than enough beyond the preponderance of evidence to prove my case. We are about to go in trial. Whether or not the ownership of property is in contention as administrator of the property can I still collect rents and put them in a separate bank account under the estate as administrator. I am also bonded

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James L. Arrasmith
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Answered

A: As the administrator of your sister’s estate, your primary duty is to manage and preserve the estate's assets for the benefit of all heirs and creditors. However, since ownership of the property is currently in dispute and is claimed by the opposing party, collecting rent from it could be risky. Taking any action, like collecting rent, could potentially expose you to legal consequences if the court later rules that the property belongs to the opposing party.

It would be wise to wait for the court's decision on the ownership of the property before taking further steps. If the property is eventually determined to be part of the estate, you can then take appropriate actions as the administrator, such as collecting rent and managing the property according to your duties.

In the meantime, keeping the disputed property and its income separate by not taking control of the rents is a cautious approach. You can always consult with your attorney to ensure that you are fulfilling your role without overstepping boundaries that might affect the case's outcome.

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