Legal Question in Wills and Trusts in California

Can an heir inhabiting a residence be sued by the other heirs for payment of back rent if there is no rental agreement? An heir promising for 6 years during the probate case to purchase the property now changes their mind now that probate has closed. The remainder of heirs are now left with a run-down house (inhabiting heir said they made repairs and obtained a lien for an amount almost equal to the value of the home but we now found out that repairs were never made or receipts were forged and house is nearly uninhabitable.) Is the inhabiting heir responsible at all for 6 years back rent or is only the executor (poss. victim of elder abuse at hand of inhabiting heir) responsible for not collecting? Can the lien be rescinded for reasons of fraud?


Asked on 10/28/12, 3:00 am

1 Answer from Attorneys
Victor Waid Law Office of Victor Waid

The executor is responsible for failure to collect rent during the administration of the estate, and may be sued for malpractice in the administration of the estate. The executor has a fiduciary duty to the estate and derivetly to all beneficiaries, to protect and administrate the assets for the benefit of the estate. After the estate is closed, the remaining beneficiaries can sue the occupier for the rent that has accrued and force his removal with an unlawful detainer proceeding and then proceed to sell the assets; the share of the assets that would be distributed to the wasting beneficiary can be surcharged with the loss of value he caused the estate. and credited toward the total damage he caused.I suspect you will have to sue the former executor for the balance of damages owing as a result of his careless conduct..

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Answered on 11/08/12, 7:58 pm


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