What are a co-owner’s rights regarding inherited real estate?

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What are a co-owner’s rights regarding inherited real estate?

My 2 siblings and I inherited a house after our dad died. I have not been given a key or allowed to be in the house (just the siblings saying this not the law). I just found out that the executor of the estate (my brother) is now renting out 1 floor of the house (it’s a double home). Can he do this without my permission? And if he can, am I entitled to a portion of the rent money that has been paid or can I kick out the person he has living there if he is not paying rent?

Asked on May 9, 2012 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  You and your siblings have equal rights to the home and have equal obligations to it as well.  It sounds, though, as if the estate is still open and the home has not been trannsferred yet.  If that is the case then the executor can indeed rent the home to help pay expenses for the estate and the proceeds - the rent - is part of the estate, not his personally.  It may be time to sit and speak with your siblings.  If this gets you no where then speak with a lawyer on your behalf.  Good luck.


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