I've read the threads here regarding filing of inventories, and appreciate the advice about reasonable expectations.
My mother has passed away in september of 2011 and her eldest son( an heir) is continuing living in her home with his own son and are the sole occupants)My mothers real remaining assets and paperwork in the home only now occupy one room , the tenants have full use and access to the entire property.
My sister is the executor and there are a number of issues that seem to be arising.
1. As of this date , no will has been filed in probate court. I've contacted the proper court now and it's been 4 months since her passing and I've not receieved any notice of a request for approval of appointment of executor nor a copy of her will. What is a reasonable period to expect this to be completed ?( not a large estate by any means but with normal assets. )
2. The executor has not provided and inventory to me , even after numerous requests( just says she too busy or its too emotional to deal with ) She has however asked me for 500.00 a month to cover real estate taxes, operating expenses and mortgage costs for the property. I'm willing to contribute any reasonable amount but not without a proper accounting of the estate liabilities, as the exector has admitted that the son and grandson pay no rent. ( rent has been apprasied by my broker at 1875.00 month , which based on my calculations should cover the estate costs )
What are the liabilities of the occupants for fair market value in rent to the estate until the estate is settled?
What are the occupents liabilities regarding heat , hot water , electricity etc?
I've expressed to the executor that she obtain a certified appraisal of property value regarding rental and sale value to no avail.I would consider any standard rental agreement the standard for the executor to use to ensure that the estate is entitled to what is reasonable for income regarding rent. Am i way off on this ?
Thanks for the advice !!
Compel delivery of will to probate court
You are correct: Whoever is appointed as executor of the estate has fiduciary duties to the heirs and beneficiaries to manage the probate property properly and to move the probate along. However, it seems like your first step should be to compel delivery of the will to the probate court. Until you do that, you do not even know for sure who your mother wanted appointed as executor. Follow that link for more information and a cite to MA law on this issue.
Thanks
I did receive a CJ-150 and a note from the "executor" saying all papers will be filed on October 17 ( which to my understanding is the 30 day deadline for filing the will)Is it true there's a 30 day deadline? I was told the CJ 150 is an outdated document. If the process was handled properly, should I have expected a copy of the will to be delivered to me at some point to me from the probate court? or from the executor? To the direct point of rent , are you saying that it would be proper to require tenants who are partial heirs to be ultimately responsible for fair market value of rent to the estate ? And is the proper method of determining that value a certified appraisal?
Sincerest regards, Whaler
Delivery of will
Under current law and the new MA probate code, not effective until March 31, 2012, there is a thirty day deadline. You will not get a copy of the will sent to you, but it is a public document that anyone can view at the court. If the house is a probate asset, the executor can certainly charge rent for its use.