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Personal Residence
If the personal residence of the person who died was a rental, to save ongoing expenses, the
Executor or Trustee may decide to terminate the lease, vacate the premises, and place all of the
tangible property in storage until they are distributed. If the person owned his or her own home,
check whether the will or trust hands over the residence to anyone. If not, the Executor or
Trustee should determine whether any of the residual beneficiaries wish to take ownership of the
property, provided there are other equal assets that can be distributed to other beneficiaries.
Alternatively, the Executor or Trustee may sell the property and distribute the net proceeds. A
title search should be done to find out whether there are mortgages or liens against the property.
If the residence is underwater, the Executor and Trustee would have to decide whether to pursue
foreclosure, a deed in lieu of foreclosure, or a short sale as a means of disposing of the property.
For assistance with underwater properties, you should seek the advice of an attorney and a
realtor.
If the surviving spouse, minor children, or other family members were residing with the person
at the time of death, they might have the right to continue living there during the administration
of the estate or trust, depending on state law. Consult with an attorney about whether occupants
can be allowed to remain in the persons home and for how long, or whether they will have to
move from the premises.