Legal Question in Wills and Trusts in Florida

Can I rent my father's house while his Will is in probate?

Can I rent my father's house if his Will is in probate? There is no mortgage on the house. The lawyer submitted the Will and petition to the court a couple weeks ago. I am named in the Will as the Personal Representative. Do I need to do anything specific with the rental income if it is OK to rent the house?


Asked on 3/23/04, 10:31 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Can I rent my father's house while his Will is in probate?

Since you have an attorney why not ask him.

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Answered on 3/23/04, 2:55 pm
Marie-Anne Oatley

Re: Can I rent my father's house while his Will is in probate?

Generally, you have the power to rent out real property while the estate is going through probate as long as the will does not prohibit it. There may be special circumstances, though, such as minor children who are entitled to possession so check with your attorney first. You might want to check with your attorney about the tax consequences of this post death income as well.

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Answered on 3/23/04, 4:14 pm


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