Can an executor evict, charge rent and/or utilities against a beneficiary residing in a house that is part of the estate?

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Can an executor evict, charge rent and/or utilities against a beneficiary residing in a house that is part of the estate?

The house has been the beneficiary’s permanent address since a year prior to the estate going to probate; they have never had to pay rent. The beneficiary is to inherit 50% of the house according to the Will. It’s in the best interest of everyone that this beneficiary stay in the house for insurance (keep occupied), show the house for sale, upkeep, etc. purposes.The Executor is also 50% heir of the house.

Asked on May 2, 2012 under Estate Planning, Arkansas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Yes, the executor of the estate can indeed do all that you have said here in the best interets of the estate.  The estate has an obligation to do what he or she needs to maintain property, pay bills - what ever.  It sounds to me, though like you think this may be something being done against you personally.  But if the executor has to maintain the house with othe funds then the estate becomes depleted for creditors and other beneficiaries.  Tal with the executor about a reasonable amount to cover bills since you are providing a service of sorts in keeping the house occupied.  Good luck.


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