Who has greater rights? A beneficiary in Los Angeles or an Executor?

When it comes down to being before a Los Angeles Probate Court judge, there are always questions of whether the probate executor has greater rights, or the probate beneficiary. The answer to that question depends on the facts, but here are some examples.

  1. Can a beneficiary live in the probate estate property without paying rent? If the will authorizes the beneficiary to live there rent-free, then the beneficiary can do that. If there is no will, the probate executor has the duty to make the property income-producing, which means the beneficiary who exclusively occupies the property, must pay rent. Sometimes, this can be worked out between the beneficiary and the executor, where the beneficiary’s rent can come out of his ultimate share of the estate. Talk to our probate attorney for any matter relating to a beneficiary’s rights in Los Angeles.
  2. Can a probate executor sell the property of the estate without a beneficiary’s consent? A probate executor who wants to sell the property of the estate can send a notice of proposed action to see if beneficiaries will consent. If they do not, the probate executor must sell the property with court confirmation. The beneficiaries can come to court to tell the judge why the property should not be sold. The probate judge then makes a decision regarding that matter.

Are you concerned about an executor of an estate or the actions of the executor? Call Mina Sirkin, attorney who helps beneficiaries determine their rights against executors. Call 818.340.4479 or email us [email protected].