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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33554
Experience:  Estate Law Expert
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My Father passed away Sept.24th 2015. in s will he left

Customer Question

My Father passed away Sept.24th 2015. in his will he left myself and my only brother 50% of his paid for home and bank assets. I rented my home out 2 years ago to move in with Dad because he needed 24/7 supervison. My question is can my brother charge me rent for staying in dads house since his passing when the house still is not in either of our names? the house is still in Dads name. and I still haven't received all of my half of his bank assets. He had 80,000.00 in bank. Its going on 5 months. do I have any options?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

The situation is a little confusing and hard to explain. Your brother can't charge you rent but the estate can. Up until the court passes title to the home it is owned by the estate and whoever is the executor of the estate has to do what is in "the best interests of the estate". That would include charging rent to anyone that resides there. The amount charged for rent would be used to pay bills of the estate, maintain the property and pay taxes on it, etc.

However, you could ask the court to go ahead and pass title to the home quickly or to allow you to remain there in exchange for providing upkeep, paying taxes, etc.