While waiting for probate in SC can someone rent property to pay the loan so the mobile home is not lost to the loan company?

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A friend's father passed away in Jan. She has a friend who can take over the payment of the loan till it goes through probate to keep it up today and so she can get back on her feet from divorce. This is in Sc. What do they need to do?

Attorney Answers

2
Arthur Geffen ·
While I practice in Texas, if a probate proceeding has been started and someone has been appointed executor or administrator, I think that they could do what you propose with that person's approval.
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David Causey ·
Once a Personal Representative is appointed, he or she can sign a lease and accept rent payments on behalf of the estate. I suggest that any prospective Personal Representative consult an experienced probate attorney to insure the situation is handled properly.
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