Legal Question in Wills and Trusts in California

Charge Rent Before Confirmation?
My aunt was made named executor of my grandmother's estate in her will. She died January 1, 2007. My aunt was confirmed executor of the will by a judge on June 18, 2007. The home that was my grandmother's was owned free and clear without a mortgage. I moved in on March 1, 2007 and have been paying rent since that time. Was my aunt legally able to charge me rent March through June even though she wasn't confirmed as executor? I know Probate Code Section 8400 states that an executor may take necessary measures for the maintenance and preservation of the estate. But if no mortgage was due, shouldn't she have waited until she was confirmed on June 18?

Asked on 6/17/08, 3:08 pm

Mitchell Roth MW Roth, Professional Law Corporation

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Re: Charge Rent Before Confirmation?

No. You have no right to live rent free. She has not collected rent from you. You pay it into the estate.

Answered on 6/18/08, 2:41 pm

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