[joypulv]

I disagree with ScottGem on some of this (I don't usually).
Friends and tenants who all strongly believe that there is a will certainly can and should try to find it, and soon.
I live in a small town. I needed a copy of my mother's will not long after she died, and her lawyer died not long after she died. I had no trouble tracking it down. I realize that was a lot easier than finding the will period, but I think her friends can find it, and should, since the would be heirs aren't even close relations. What are friends for?
I also don't agree that probate might move quickly without a will.

[ScottGem]

The keys to how fast or slow probate moves is dependent on a) the complexity and size of the estate and b) the agreement of the potential heirs. What I'm reading here is that there are no close relatives. What relatives exist seem to have signed on for the cousin to act as executor. So there seems to be no one to protest or contest the disposition of the estate.

If the court approves, the executor can move to sell the assets ASAP, it may be awhile before the proceeds of the estate can be distributed to heirs. They will have to wait to make sure that all heirs and creditors are found and that takes the bulk of the time. But there is nothing that says the duly appointed executor can't dispose of non liquid assets to provide funding for the estate's expenses. As long as the probate judge approves. And proper accounting is done. The proceeds of the sale can then be held in an account in the estate's name.

By the way, rent checks should not be made out directly to the executor, but to the Estate of Deceased.

Its one thing for friends of the deceased to help the heirs with the estate at the heirs request. It is another for these friends to meddle in the affairs of the duly appointed executor. I will state emphatically, that the OP has no interest in the processing of the estate beyond where to pay rent and a possible sale of the property. Meddling in the estate can alienate the executor and make things more difficult, especially if they want to buy the house on favorable terms.

[LisaB4657]

I'm going to agree with ScottGem on this one. The existence of a will is not your problem and you should not make it your problem. The situation is unfortunate but you have enough to deal with as it is.

Yes, they must honor your lease. Yes, they have the right to put a For Sale sign on the property and show the house to prospective buyers. If your lease does not mention anything about the landlord's right to show the property to prospective buyers then they must give you reasonable advance notice. They have the right to remove her possessions and they must repair any damage they cause in the process, but you have the right to be there while they do so.

Keep in mind that, even though they must honor your lease, they can sell the property at any time. They are not obliged to wait until the end of your lease. If you want to buy at the conclusion of your lease term you can request that they wait but they don't have to.

[AK lawyer]

...Keep in mind that, even though they must honor your lease, they can sell the property at any time. ...

In other words, if the personal representative were to sell the property today, it would be subject to the lease. The buyer would become OP's new landlord.

[tristenas21]

I'm going to agree with ScottGem on this one. The existence of a will is not your problem and you should not make it your problem. The situation is unfortunate but you have enough to deal with as it is.

Yes, they must honor your lease. Yes, they have the right to put a For Sale sign on the property and show the house to prospective buyers. If your lease does not mention anything about the landlord's right to show the property to prospective buyers then they must give you reasonable advance notice. They have the right to remove her possessions and they must repair any damage they cause in the process, but you have the right to be there while they do so.

Keep in mind that, even though they must honor your lease, they can sell the property at any time. They are not obliged to wait until the end of your lease. If you want to buy at the conclusion of your lease term you can request that they wait but they don't have to.

Ok. I agree with most of what both of you are saying - although there are contradictions from what you said earlier. Without sifting back through the messages - I recall reading - If the executor or an agent put a "for sale" sign up to contact a lawyer... If the property were to sell to someone other than us - would the new owners be required to honor our lease to term? I am a bit confused about that now.

Also if they remove property from the house - the court needs to know/they should have authority provided by the court. If they said executor has been appointed then surely he takes on the role of the deceased and can in effect take whatever belonged to the deceased?

I have absolutely no intention of contesting who the executor is or the process. I have complied and will continue to comply with them - to as you say - keep a good relationship with the executor - as far as is possible. I simply need to know what my rights are and I like some of your advice about prospectively purchasing the property. I recall a mention about offering to leave three months early and having re-location expenses paid... and not asking what they want but to give an offer.

They do have a broker lined up to evaluate the property. He did not call yesterdays so I anticipate there will be a call soon.

With regard to the will and contacting lawyers - I will pass that information onto the people who are convinced that there is a will and that this entire situation is a mess - Not that I do not disagree with them - like you say rather keep out of the family's affairs. The probate court has not been helpful in listening to the people who have gone to ask for more time or contest the placement of the executor as they have been convinced there is a will.

From my own experience of the deceased, the way she managed her affairs and her very prompt management of her job or anything to do with the house, it is very difficult to believe that there would not be a will. She communicated to groups of friends and colleagues about who she wanted to have as heirs to her different properties. I have no interest in this - although being on the receiving end of this entire debacle has been very stressful. I have a home which I feel I am being forced out of. I have more reason to want to stay where we are - schools/special needs education etc and unfortunately it would appear that we will have to uproot and leave unless we buy. These people are money hungry and do not care about how this impacts anyone else. I know that sounds harsh - however, they are pretty blatant - they had a huge celebration on the day of the memorial and NONE of the cousins really knew the deceased so showed no emotion/loss/empathy/sympathy to those who did.

So tired of this entire situation - however, again I need to know what my rights are and I think I have a pretty good idea. Thank you. No I waited to receive the letter indicating where to pay the rent to and it was to the estate of the deceased.

[LisaB4657]

I'll try to make this very clear...

The current landlord/executor must honor your lease. If they sell the property at any time during the term of your lease, the new owner becomes your landlord and they must honor your lease. You have the right to stay on the property until the end of the term of your lease no matter who owns the property.

You do not let anyone into the property unless they show you something in writing from the executor giving them authority to enter.

[tristenas21]

I'll try to make this very clear...

The current landlord/executor must honor your lease. If they sell the property at any time during the term of your lease, the new owner becomes your landlord and they must honor your lease. You have the right to stay on the property until the end of the term of your lease no matter who owns the property.

You do not let anyone into the property unless they show you something in writing from the executor giving them authority to enter.

EXCELLENT Thank you so much Lisa and Scott - this is very helpful.

[ScottGem]

I recall reading - If the executor or an agent put a "for sale" sign up to contact a lawyer....

I don't recall that, but I don't think you have much choice over that.

I simply need to know what my rights are

Your rights are the same as any tenant in NJ (which is very tenant friendly). Lisa linked you a good site that details that.

The probate court has not been helpful in listening to the people who have gone to ask for more time or contest the placement of the executor as they have been convinced there is a will.

A probate court wouldn't be. If you approach them with proof of a will or malfeasance, they will listen, but not to vague concerns.

[tristenas21]

I agree Scott although you don't know my circumstances. Also we got to know our landlord in our 10 year stay. This is certainly not what she would have wished for. I do believe if a will were to be found she would have accommodated us through a clause via the new heir. It is what it is. Perhaps with the markets improving now - it makes sense to buy. We looked to buy in our first year in this country. A year ago we were thankful we had not bought. There are still many foreclosures out there! Indeed one needs to prepare for the inevitable/even unexpected. I have found your responses very helpful. Please do not pass judgement - you do not know me. I am trying not to panic and to figure out what will work best given our family needs and circumstances.

[AK lawyer]

I... Also we got to know our landlord in our 10 year stay. This is certainly not what she would have wished for. I do believe if a will were to be found she would have accommodated us through a clause via the new heir.....

The story is quite frequently repeated: decedent said often "I'm going to leave such-and-such to so-and-so". If the decedent failed to properly prepare a will and leave it with a reliable person or agency (Some places allow wills to be registered with the court to avoid lost-will issues.), that's just how the cookie crumbles.

If you believe that she somehow provided for you in a will, that's another story. By all means, check it out.

[ScottGem]

I agree Scott although you don't know my circumstances. Also we got to know our landlord in our 10 year stay. This is certainly not what she would have wished for. I do believe if a will were to be found she would have accommodated us through a clause via the new heir. It is what it is. Perhaps with the markets improving now - it makes sense to buy. We looked to buy in our first year in this country. A year ago we were thankful we had not bought. There are still many foreclosures out there! Indeed one needs to prepare for the inevitable/even unexpected. I have found your responses very helpful. Please do not pass judgement - you do not know me. I am trying not to panic and to figure out what will work best given our family needs and circumstances.

Please don't assume I'm judging you harshly. I fully understand and sympathize with your plight. I just think you are not being realistic in thinking that you would have had some arrangement to stay on the property. In fact, any clause in a will that forced an heir to allow you to stay would probably not be enforceable.

I also disagree with being thankful you had not bought. If you had bought 10 years ago, you might have slightly over paid for the property. But, if the mortgage and tax payments were within your budget, you would have built equity. The foreclosures out there are from people who bought more than they could afford and way overpaid. So when they hit hard times, they couldn't sell because they were upside down on the mortgage. I don't see you being like that. I think you would have purchased within your means.

I don't think you need to panic, because you have several months before you will have to deal with moving. You can try to buy the place, or start looking for a new place. But I do think you need to face that there is a strong likelihood you will have to move.

[tristenas21]

Thank you for all the comments! No further questions.

[ScottGem]

Thank you for all the comments! No further questions.

Please keep us posted as to what's happening.

[joypulv]

PLEASE listen to me.
All of you, chip in on a lawyer to FIND THAT WILL. You don't need a lawyer to do this, but you seem too willing to subscribe to this notion that it's none of your business.
Of course it's your business.
There's no logic to the argument that it's none of your business because you are not named in the will. How does anyone know WHO is named until it's found?
She wrote one so find it!

[ScottGem]

PLEASE listen to me.
All of you, chip in on a lawyer to FIND THAT WILL. You don't need a lawyer to do this, but you seem too willing to subscribe to this notion that it's none of your business.
Of course it's your business.
There's no logic to the argument that it's none of your business because you are not named in the will. How does anyone know WHO is named until it's found?
She wrote one so find it!

There is only circumstantial evidence that she wrote one. If an attorney had it, they would have come forward by now. If it was in a safe deposit box or among her possessions, the executor would have found it but can block any search.

I strongly disagree here. Trying to find the will is going to be fruitless and can cause other problems.

[joypulv]

'If an attorney had it, they would have come forward by now.'
As I alluded to earlier, lawyers die/retire/move, and their files go to other lawyers. This is more common than you might think, especially with the elderly client.