What to do if we have been willed a house that we’ve rented for a dozen plus years but the executor is not co-operating in transferring it over to us?

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What to do if we have been willed a house that we’ve rented for a dozen plus years but the executor is not co-operating in transferring it over to us?

Originally; The landlord passed away and left it to their significant other to collect rent until his death at which time it was to be transferred to us. He passed away 6 months ago and we have been through hell and high water trying to get this probate / succession settled. Currently we have an executor who is suggesting this proccess will take several years and that we have to pay rent (to the estate) in the interim. Note: This is a multi-unit property and they’re collecting rent on all 3 units. If there is a legal leg for them to stand on, then we would like someone to explain if/and/or/how we are supposed to be paying anything on property willed to us?

Asked on May 16, 2013 under Estate Planning, Louisiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Nope. The executor is trying to waste the assets of the estate and whomever this executor is, he is trying to create a fradulent act. Get thee to the probate court and file a motion to have him removed and the estate settled with you as the beneficiary to this apartment complex. Not hard to do, though I do suggest you confer with an estate attorney to determine if you should create a trust yourself and have this property transferred into the trust.


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