How long can a household member stay in a house that is in probate?

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How long can a household member stay in a house that is in probate?

My brother was living in my parents house when they died. The estate is in probate but the house is not up for sale yet. Can he legally remain living there until the house is sold?

Asked on August 11, 2012 under Estate Planning, Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  It really depends.  If the executor thinks that his remaining is in the best interest of the estate then yes, he can. If he does not then no.  He can ask him to pay rent to th estate or to maintain the home until sale.  Some times it is better to have a house occupied for safety reasons.  Good luck.


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