Legal Question in Wills and Trusts in Massachusetts
Living in house of dead person while estate pending
If the owner of real estate dies, is it legal for an adult child of the dead person, who is inheriting the house under the will, to live in the house while the estate is pending, before the executor is appointed and after the executor is appointed? What if there is a will contest? The dead person left no surviving spouse.
3 Answers from Attorneys
Re: Living in house of dead person while estate pending
You are not required to vacate the premises so long as you had the deceased's permission to live in the home. Until an executor is appointed you should simply live there and maintain the home.
If there is an issue of your living in the home, it will be raised by the executor. until that time live in the home, continue to maintain it, and deal as best you can with your loss.
I hope this was helpful.
Re: Living in house of dead person while estate pending
it's not illegal.
Re: Living in house of dead person while estate pending
Title to realty passes to the devisee as of date of death subject to the debts of the decedent. It depends upon how solvent the estate is and whether the executor needs to utilize the premises as income producing property pending probate of the estate.
JOSEPH M. MURRAY, ESQ.
56 NORTH BEDFORD STREET
EAST BRIDGEWATER, MA 02333-1173
(508) 378-3944
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