Legal Question in Wills and Trusts in Washington
occupancy of property
Can a single inheritor occupy his family home after a death while the property is in probate? Inheritor did not live there prior to death.
2 Answers from Attorneys
Re: occupancy of property
Yes, probably, with permission from Executor. One could argue that they must pay rent. However, there is a legitimate argument that it is better to have someone live in a house rather than to keep it vacant. The issue is whether the property could have been realistically rented, whether the inhabitant is inhibiting the liquidation of the property and whether the inhabitant is somehow damaging the property. Obviously the question is general in nature an I would require additional information before I actually could render legal advice. But yes, it has been done in the past and at least on some occasions it is permissible.
Re: occupancy of property
This will largely be dependant on if there are other debts, and the intent of the decedants. This can happen in some situations, and I would be happy to discuss this with you.
Regards,
Joshua D. Hale, Esq.