Is the executrix of the estate allowed to reside in the house or houses included in the estate?

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Is the executrix of the estate allowed to reside in the house or houses included in the estate?

Both of my parents are deceased. My
father’s will left the estate to
mother. Her will included her
brother as the executor of the
estate. He declined. I was then
appointed as executrix of the
estate.

Asked on November 15, 2017 under Estate Planning, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The executrix may do so, but ONLY if it is in the estate's interest, not her own. If having her in the home for a few months will protect it from the elements and vandalism (by having it not be untenanted or empty) while it is being renovated and staged for sale, so that the proceeds will be maximized, that is proper. But it would not be proper for the executix to live there because she needs a place to live, unless while living there she is paying the estate the fair market rent (so more money is being added to the estate). The key is, the executrix must act in the estate's interest, not her own; therefore, her living there must be in the estate's interest.


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