§ 388

Citation: § 388
Parent Document: In Re Tetreault, 11 A.3d 635 (2011)
Jurisdiction: Rhode Island (state)
Effective Date: 2011-01-13
Original Source: https://www.courtlistener.com/opinion/2560125/in-re-tetreault/ ↗

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For these reasons, we conclude that debtor did not have legal standing to occupy or intend to occupy the generally devised property at the time he filed his bankruptcy petition. By that time, executrix already had taken affirmative steps to exercise her testamentary power of sale by issuing the notice of termination of tenancy and filing the eviction complaint. At the time of bankruptcy filing, even though debtor may not have been defeased of his ownership interest, he nonetheless was divested of his possessory interest in the property. Here, executrix elected to exercise her express power of sale under the will and she had clearly indicated to debtor her intent to do so. Accordingly, at the time of bankruptcy filing, debtor no longer had the legal right to continue to occupy or intend to occupy the property against the will of executrix and to the detriment of the probate estate.

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