I am the executor of my dad's estate. There is a house which my brother lives. He is also a heir. He will not leave and allow me to wrap up the estate. I need to repair the house to get it on the market. It has been over six months since our dad's death. Can I charge him rent for those months? There is nothing in dad's Will that states that he or anyone else can live in the house. My intention is to charge him the going rate for home rental in the area and deduct that amount from his portion of the estate at the end when the estate is closed out. Can I do this?
State/Country relating to question: Georgia
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only - not legal advice - so no attorney-client relationship has formed.Can you please tell me:-did he live in the home before your father's passing?-if so, was he paying rent or staying for free?-is he one of the heirs to the proceeds from the sale?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
- Yes my brother was living in the home while my dad was living.
- My brother was not paying rent, he was living there for free.- Yes my brother is one of the heirs to the proceedes from the estate.
Thank you for your reply.As you can imagine, the statutory law does not specify who is to pay the utilities in a property that is under probate until that property is rightfully distributed. Ergo, this falls under equity (fairness), i.e. the Court will rule as to whatever is fair.Your brother is a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the landlord and may be terminated at the will of the landlord. Once your father passed, the estate itself became the landlord.Ordinarily, this can be terminated by a simple eviction. However, because this is part of probate, the Probate Court has jurisdiction (arguably).The Court is likely to decide and the Executor is to assume the likely scenarios:-if the individual has been living in the home under the agreement that they would pay or have been paying utilities, then the estate would have the right to continue this demand until the matter is probated and finalized.-if the individual has lived in the home for free and had no such contractual duty to pay the utilities and has had the deceased paying it, then the Court likely will not impose such a duty.Ergo, the Court may allow him to stay for free until the home is sold but to allow you to make the home presentable and order him to stay out of your way; but the final call is that of the Judge and it is subjective.I hope this finds you well. If you still need information, hit reply so we can chat more until you are satisfied. If you are satisfied, please do not forget to conclude the question. You may always come back to it to ask a follow up free of charge. If you feel I went the extra mile, a bonus would be appreciated. You can always link to my profile for another question at a later time: www.justanswer.com/law/expert-elyJD/
Fully licensed attorney in Texas in private practice.
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