Darren Findling of The Probate Pro discusses the duty of a personal representative to pay rent.
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Rent, do I have to pay rent? I'm the personal representative. Hi, I'm Darren Findling of The Probate Pro. Following the appointment of a personal representative, the personal representative has certain responsibilities and duties to administer the probate estate that includes making sure that the property that is subject to the probate estate is effectively administered now there are times that the estate quickly moves to sell the real estate and there are times that there may be reason not to do that so quickly for example if the house must be renovated before it can be sold or if the house of course is going to be distributed to the children of the deeded The Heirs at law there may be a reason not to sell the house at all this particular issue of living in the house the personal representative moving in the house and not paying rent recently was adjudicated by the uh Court of Appeals here in Michigan in a case that's called Elie D Harris and in that particular case the three children of the de were embroiled in litigation and specifically claiming that one of the children who was appointed personal representative had breached her fiduciary duties because she lived in the house for 2 years and never paid any rent now some may argue that living in the house was enhancing it because it allowed for upkeep to occur but to not pay rent well that's considered waste because a piece of real estate has value it's an asset that if it isn't sold it is an expense and a burden to the estate because you have to pay ongoing expenses as well as the fact that the house can uh deteriorate over time the court of appeals rule that it was a breach of our fiduciary duties to not pay rent for two years meaning that the personal representative did not have the right to just simply move into the house and not pay rent to the estate for the benefit of all of the heirs of the estate this this Paradigm this issue about a personal representative or a trustee taking on the reigns of the administration and simply acting as if they can do anything is a common complaint that we get calls about a trust becomes the trustee and they s think that they're the king of the trust and they can do whatever they want a personal representative becomes appointed by the court and they simply act as if they have full control and authority to make all decisions well that's just not the case Michigan law imposes duties upon a personal representative and a trustee to properly and efficiently administer the estate or trust in a reasonable manner so just simply moving in the house and not paying rent the court of appeals said was not reasonable so what do you do if you have a personal representative or a trustee who acts as if they're the king well the probate Court can level the playing field you can bring the court into the issue to address and adjudicate before further damage occurs before further breaches occurs and more problems arise the court will take jurisdiction of the issue and you can ask the judge to address whether the behavior of the personal representative or the trustee is within the confines of Michigan law so hire a lawyer a good skilled competent lawyer to bring these issues to the court don't wait too long because the longer you wait the more harm can occur to an estate the personal must keep all of the interested parties reasonably informed of the Affairs of the administration so if you're in the dark or if you feel like you're being taken advantage of get a lawyer if you've got further questions about probate related issues visit us at TheProbatePro.com or call us at 833 PROBATE.
18 окт 2023
