Re: brother in law trying to take over - Landlord Forum thread 331692

Re: brother in law trying to take over by Anonymous on March 3, 2015 @10:54

You and your brother-in-law are joint owners, since the property interest passed to you when your husband died, in accordance with the trust agreement.

Because you are both owners, and I assume equal owners, you each have the right to manage the property, collect rents, etc. You'll have to come to some agreement between you about who will do what regarding the property. If he collects the rent but doesn't provide you with your share, you'll have to sue him in court for your portion.

The lease is unaffected by your husband's death. As the new owner, you are obligated by the lease and so is your brother-in-law. He cannot change the terms except as allowed in the lease -- and most leases say that payments are to be made out to X and delivered to X address, unless the tenant is directed to use a different address. So read the lease carefully and see whatlatitude your BIL has in making changes and remind him of his obligations under the lease.

Good luck.

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Re: brother in law trying to take over by Anonymous on March 3, 2015 @10:56	[ Reply ]

"joint owners" used here is not meant to imply that you are joint tenants. You likely own the property as "tenants in common", since your interest arose only at your husband's death, but your BIL's interest arose at the inception of the trust.