Legal Question in Wills and Trusts in Florida
Can I rent a home while in probate?
a co-worker of mine is willing to rent a home to me that is in probate. he says that there was a lien but when he checked back on it, it was ''wiped out''. he says he don't know what happened. he says that there is no mortgage on the home only taxes which was $10.00. also, he stated that there are a list of people such as kids, grandkids etc that the house must go through before getting to him. can any of this be true. if i rent the home, can someone come along and kick me out. would i have rights? what can i do to legally to rent the home??
2 Answers from Attorneys
Re: Can I rent a home while in probate?
Unless you are desperate or can re-move quickly, I would stay away from this "deal". JMC
Re: Can I rent a home while in probate?
If you enter into a lease for the property with the personal representative/executor which gives you adequate notice to vacate, you are legally protected. If you can get the terms you want in the lease, it could be a worthwhile short-term lease. It has to be a written lease from the person handling the estate.