How to evict tenants when property is still in probate?

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How to evict tenants when property is still in probate?

Both of my parents died in 11/09. They owned 2different properties which are still in probate. However, tenant’s of 1 of the properties have not only trashed the rental inside but now have a total of 11 people living in a 2-bedroom. Only 4 are listed on the lease. They continue to take advantage of the property and choose not to follow the rules. Who has the right to evict these tenants and can they withhold their monthly rent?

Asked on February 8, 2011 under Real Estate Law, California

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss and for your situation.  If the matter is in probate then there is a Personal Representative appointed, correct?  An Executor or Administrator?  They have not only the right but the obligation to maintain the property and assets of the estate.  If they are not properly taking care of things then they are shirking their fiduciary duties. A Personal Representative of the estate can evict tenants and bring suit against tenants on behalf of the estate.  The attorney helping with the estate should be able to give guidance. If the personal Representative is not doing their job then they need to be removed and someone else appointed in their place.  Good luck.


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