Legal Question in Wills and Trusts in California

Re: Probate Tenant-Landlord Issue

Monday morning quarterbacking is very easy for me at this point in time. In fact, I am currently handling one of these types of situations in my files right now. What it takes is overt initiative, the squeaky wheel, and saber rattling. Basically, if letters to not get immediate action then you must make motions in the court and possibly filing a lawsuit. Unless you live given the green light to your attorney then you should. Remember though, you're dealing with family. He must consider all the circumstances of legal as well as emotional before you take certain actions. If you wish to talk with me I would be more than happy to. I'm in the San Francisco Bay Area at 925 -- 945 -- 6000.

Re: Probate Tenant-Landlord Issue

It would depend on the agreement between the owner (the estate) and the tenant (your sister). In most landlord-tenant relationships, property repairs are typically items paid by landlords and utilities are frequently shared by the landlord and tenant. Since your sister is on both sides of this transaction, and since it benefits her to have the landlord pay as many of these expenses as possible, she has a conflict of interest. You have the right to object and ask the court to deny her request to have the estate bear these expenses.

It also seems like the estate has been open for longer than usual. You have the right to petition the court asking for her removal if she isn't getting the job done in a timely manner. If we can assist you with these matters, please don't hesitate to call.

Re: Probate Tenant-Landlord Issue

The estate hs been open too long and you should petition the court for your sister's removal. It appears your sister and her attorney are either stalling or not getting the job done.

The utility bills, propane tank rentals and water softener should be borne by your sister. These items benefit her and not the estate. Regarding the list of repairs, it depends on what they are for.

I highly recommend that you retain an attorney to demand immediate action and to follow up with a petition to the court if necessary.

If you would like to discuss this further, please e-mail me with contact information or call me at (818) 991-6664 for a no charge case evaulation.

Good luck and thank you for your inquiry.

Re: Probate Tenant-Landlord Issue

Sounds like the estate has been open too long, unless there's good reason for it. As for expenses, they're usually agreed upon between the executor and the tenant, who in this case is the same person. Whatever she pays must be fair market for the area. The expenses must be listed in the final account, which must be approved by the court and is open to objection by you. You probably want to consult an attorney about this, as well as avenues for getting the estate closed and getting your distribution--in cases like this, the executor really has a disincentive for closing the estate.