How can we enforce a lease agreement before an executor is appointed?
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How can we enforce a lease agreement before an executor is appointed?
My uncle passed away late May without a Will in Mississippi. He left some rental properties occupied by tenants. We have not met with an attorney yet to start probate or establish an executor. How can we ensure the tenants continue to pay rent in the interim?
Asked on July 6, 2019 under Estate Planning, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Did your uncle own the properities in his own name: If he did, then legally, you can't take any actions against the tenants before a personal representative or administrator is appointed (an "executor" is only when there is a will naming one; otherwise, the court will appoint someone to a very similar role called either personal representative or administrator). Only a personal representative or administrator has the legal authority to act for the estate, which will include your uncle's rental properties.
If the properties were owned by an LLC or corporation, then if there was another owner or any other employees of the LLC or corporation, then can keep acting on its behalf.
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