Legal Question in Wills and Trusts in Arkansas
I found a house this year that seemed to be abandoned and I did some research to find the owners were siblings that both had passed away. I researched the next of kin and there is only one heir that the house would have been left to. I reached out to the heir and he confirmed that he was the sole heir to both his mother and uncles estate. I wanted to rent the house out and he said that was fine. He hasn't done probate yet and I want to make sure that we aren't breaking any laws by renting the house from the heir? The house is paid for and has been since 1978. The heir is completely fine with everything we've worked out so far. I just want to make sure I'm not doing anything wrong in the eyes of the law that I may have not thought of.
1 Answer from Attorneys
The heir has to go through the process of being appointed as fiduciary of the estate, if possible. The heir doesn't have the legal authority to say "yes" to your proposal to rent the house. It's very strange that the son wouldn't have contacted a lawyer or otherwise move forward with settling his mother's estate and his uncle's. Very strange.
Good luck.
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