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Who pays bills on house while in 4 mo probate. house given to me in will. have lived in for yr while caring for companion
Anonymous8 views3 answers
my companion of 11 years died 8-22-15. he had lung cancer. I quit my job of 24 yrs to care for him. he left me the home and furnishings. I'm told by executor {sister} probate is 4 mos. she said I must transfer all bills to my name immediately. I am 68 1/2. Ive not had income for months and always lived very carefully. she said I could stay in house til legally mine. I am not legally knowledgeable and aggressive. She is very aggressive and demanding. If I don't do to suit her she will put me out of house. she lives in DC and is high society and wealthy. my companion and I treasured simply camping and walking in Gods nature. what are my rights? I need to go back to work before paying all these bills and putting things in my name which also cost. does the estate pay until legally mine or me
It is extremely unlikely that the deceased's sister will be able to evict you.
The estate needs to maintain the estate's property until it is distributed.
The fact that you are living in the house actually is beneficial to the estate. An unoccupied home is much more likely to be damaged than a home that is occupied.
The estate should be paying the water and power bills.
You should be paying your own phone, cable and internet.
If you are uncomfortable with dealing with the sister, you should retain an attorney.
I am sorry that your friend has died. You are in a tough situation.
Assuming the estate is in Tennessee (your question doesn't say), I respectfully disagree with my colleague from Illinois on one issue: When an estate is solvent (there is enough money to pay creditors and costs of administration) title to the real estate passes to the named beneficiary (you) immediately upon death. I would recommend transferring utilities, etc. into your name. Provide a copy of the death certificate and will (both will be on file at the courthouse - it'll be $1 per page to copy them) and the utility company should transfer service to you.
I think it is very unlikely that she can kick you out of the house unless the estate is insolvent. If it is insolvent, she'll need to evict you through proper legal process and you will get notice of the court hearing so you can hire counsel and defend yourself.
Either way, I suggest you find and meet with a good probate attorney for at least a consultation to see where you stand.
Good luck.
That's a tough situation. Since you get the house under the will, request that the Personal Representative's Deed be issued so you can show the utility company that you own the house. In Indiana, the estate often pays the utilities on a house until sold or vested. Yet in lieu of rent, we ask that the person living in the home pay the utilities. Without knowing what the other assets were and want funds are available to pay I could see the estate wanting to keep the costs down. (seeing both sides). If there are plenty of funds for administering the estate and paying the bills, ask that the house and its furnishings be distributed to you.
If TN has an inheritance tax, you may need to see if the will provides that the estate pay them or not. You could always ask the estate attorney when a PR deed would be issued so you can work on getting the utilities in your name. Good Luck.
