Legal Question in Wills and Trusts in Texas
I am going through probate process with my family over the estate of my grandfather. There are around 20 rental homes that we have and there are a few that cannot be rented for different reasons. I asked my uncle who is executor if I could stay in one of the houses for a while and he said the lawyer told him it would be a conflict of interest. I don't understand that because my other uncle lives in another house so why can't I live in one that is just sitting there?
2 Answers from Attorneys
Hire your own lawyer..and move the Court for the right to rent...good luck
It is not a conflict of interest, but it may be a breach of fiduciary duties. An executor owes a fiduciary duty to the beneficiaries. That is a high standard and he could not let you live there rent-free without the consent of ALL of the beneficiaries. He could RENT you the house as long as he could show that it was at a market rate. If EVERY ONE of the beneficiaries will agree to it, then he could probably do it rent-free. If he is an INDEPENDENT administrator, then it should be no problem. If he is a dependent administrator, the he would need court approval. Regardless, he would need a written waiver from EACH beneficiary.
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