Legal Question in Wills and Trusts in Connecticut

Renting Property Still In Probate Process

Does a fiduciary have the right to rent or sell property without permission or approval from the person to inherit it before the probate process is completed, and if so, can they use the proceeds for purposes other than settling accounts of the deceased?


Asked on 9/18/01, 10:17 am

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Renting Property Still In Probate Process

It depends the powers that the Will gives to the Fiduciary. Generally, to rent is to preserve assets until estate is settled. So, without more info: probably "yes." Fiduciaries have broad discresion to use funds for estate purposes -- to preserve assets, pay creditors or close the estate. What they cannot do, without permission or auth. from the Will, is vector the money to themselves (the Fiduciary). HCW

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Answered on 11/05/01, 8:37 pm


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