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J. Warren
J. Warren, Attorney
Category: Estate Law
Satisfied Customers: 2242
Experience:  Experience in estate planning including wills, trusts and succession planning.
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My brother and I share my fathers house in trust our dad

Customer Question

my brother and I share my fathers house in trust our dad passed and the house is both our names I live in the house have for years was supposed to be mine because I paid my father the rent which was basically the mortage. the house is paid for now. I dint want to take a loan on a house which is paid for to buy my brother out,im 60.I paid the taxes on the house can he charge me rent or force me to sell my half of the house.
Submitted: 2 years ago.
Category: Estate Law
Expert:  J. Warren replied 2 years ago.
Hello my name is ***** ***** I look forward to providing you information. Please note:
(1) this is general information and is not legal advice. I never propose a specific course of action. There is no attorney-client relationship or privilege that is formed when communicating to an expert on this site. The site repeats this disclaimer numerous times. By continuing, you confirm that you understand and agree to these terms; and
(2) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
My condolences on the loss of your father and I am sorry you are dealing with this situation. Because you are an owner of the property your brother can not charge you rent.
However, if this issue can not be resolved by the two of you, a petition to partition the property could be brought seeking a court order to either sell the property or one of you buy the other out. It would be beneficial to try and negotiate a resolution before it escalates to this point. This may require the negotiating skills of a local attorney or perhaps a family mediation session in an attempt to come to a reasonable resolution.
All my best & encouragement.
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