Can rent be charged on the use of an estate's property between the date of death and the start of probate?
I'm really, really stuck here and could use whatever help anyone could offer.
My father died in early 2002. He and his wife lived in California. Because they only got married three months before his death, they didn't have a chance to accumulate a lot of joint assets. When he died, he owned a house (completely paid off) and two vehicles - all in his name only.
His wife has been living in the house for the past five years. Her daughter is driving one of the vehicles and she trashed the second one (impounded and then destroyed).
It took me a while to realize that she would never begin the probate process, so I recently filed and have been named administrator of the estate. I'm in the process of filing the inventory of estate assets.
Is there any way to have the estate reimbursed for the use and damage of estate property? Can I charge her rent, payable to the estate, for the house? Can she be liable for the vehicle she destroyed through her negligence?
Answers:
You don't say whether or not your father left a will or what it said if he did.
In CA, if he died without a will and was married at the time, his wife is probably entitled to at least one-third of his separate property and all of his community property. So, as a legal co-owner of the property, she probably would not be liable to pay rent to the estate.
You should hire a qualified probate attorney to help you with this. Attorney fees are set by statute and come from the estate assets.
You may want to use part of the estate to hire an attorney who specializes in such things. It would probably benefit the heirs.
You don't say what your interest is but I am guessing that you will benefit from the sale of the house and vehicles. I don't think that can make you a impartial administrator.
Ask the probate court for reimbursement for the occupancy of the house and loss of the car. I would also encourage you to use compassion toward all family members in the light of the loss of your father.
This is not any legal advice but I did have a friend who lived with her grandmother at the time her grandmother died. The house was left to her aunts and the judge did order rent to be paid for the months that they lived in the house. So I think it can be done.
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