I was living with my mother as her primary caregiver,Upon her death I was named the executor of the estate.I continued to live at the home while taking care of all the matters related to the estate.I have 2 sisters who drug their feet for over a year to come and get any personal property that they may have wanted.When I finally got them together to sort out everything,It turns out they didn't want much.Now.there attorney is trying to make me pay rent for the 17 months that I have lived here,even though I am still taking care of the sale of the house and it is necessary for me to be here.Is this Right?
2007-08-25 05:58:19 · 16 answers · asked by youngbfraz 1 in Politics & Government ➔ Law & Ethics
my condolences on the death of your mother.
the court is likely to rule that 17 months is too long and that your mother's property and the house should have been disposed of much sooner. 6 months would be a likely ruling.
it would seem to me then that you'll owe rent for the added 11 months, etc. this will be due to the estate and may offset part of any fee due to you for winding up the estate's affairs.
FEE?? Unless your Mother's Will specifically states that you shall receive no fee, AND you agreed with the court to receive no fee, you are due the ordinary fee your sisters' attorneys would charge the estate to handle it. [Of course, if you have an attorney handling the estate, he gets the fee instead of you.]
that your sisters did not show up on the issue of personal property isn't going to be a defense for you -- as Executor, you could have had your Mother's personal property boxed and stored for your sisters to examine later, or even decided that since they didn't come in a reasonable time that they waived their chance. As Executor, you are bound to use reasonable judgment and ordinary prudence to wind up the estate -- if that hurts your sisters' feelings -- sorry, the law requires me to move forward with reasonable speed.
GL
2007-08-25 06:13:50 · answer #1 · answered by Spock (rhp) 7 · 3⤊ 0⤋
As an executor you have the right to certain expenses for all matters dealing with the estate. Who is asking the attorney to request rent from you should be the question you ask yourself! Only executors can make that sort of request, not a lawyer off his own bat so to speak.
2007-08-25 13:02:04 · answer #2 · answered by Sal*UK 7 · 3⤊ 1⤋
Yes, this must be so, may be the house will be for the three ¿is right?, then I suggest look for other house for live, deliver the keys to a real state agency an just wait your money, tell them tht you won´t pay those 17 months, but you will cover for the administration of the house so you will avoid problems.
2007-08-25 13:18:58 · answer #3 · answered by Mr. Graham 6 · 1⤊ 1⤋
the laywer does not have the right to make you pay rent who does he think he is a land lord not he is just a lawyer thats just it plain in simple he cant make you pay nothing the house is in your name not his tell in your sisters to get a life in get own with yours geez people make me sick when they try to pull the sheets over some one eyes in try to take it all aay are something that lawyer is a nobody just a piece of crap lawyer like all the other lawyers
what do you call 5,000 lawyers at the bottom of the sea a real good start they dont know any thing accept to scare people time to turn the table sale the house in move in dont tell no one where you go
2007-08-25 13:38:39 · answer #4 · answered by Anonymous · 0⤊ 1⤋
It's not right, but sadly it is a legal standing and you should get a lawyer immediately. Any reasonable judge will throw this out of court, but in the meantime they can make a great deal of trouble for you.
Your best bet is to talk to your sisters and either guilt-trip them or convince them to see reason and get their attorney off your back.
I wish you the best of luck, and my deepest condolances on the loss of your mother.
2007-08-25 13:19:59 · answer #5 · answered by Anonymous · 3⤊ 0⤋
As executor you have the right to settle the property. Don't let them buffalo you. I would get the services of an attorney. In fact you may add in your expenses. Check it out SOON.
2007-08-25 13:04:08 · answer #6 · answered by PATRICIA MS 6 · 0⤊ 1⤋
You need an attorney of your own. Have them go over the terms of the will and laws regarding executorship in your state. It doesn't sound right to me, but as I have no idea how the will was worded getting more advice is the best thing to do.
2007-08-25 14:16:32 · answer #7 · answered by Annie 6 · 0⤊ 1⤋
he is not right but that doesnt mean you wont have to pay rent
you need an attorney also...maybe you are due a salary for house sitting and other duties you have performed for free, just being a good person
2007-08-25 13:02:34 · answer #8 · answered by fretochose 6 · 2⤊ 0⤋
No Legally you do not have to pay rent,you were your mothers exexuter and son ,but if there is still mortgage payments you will have to take responsibility for that till the sale of the house,RENT IS ILLEGAL FOR SOMEONE WHO IS CARING FOR THERE MOTHER AND ESTATE ,also to help you look up landlord tenant rights that will help you.
2007-08-25 13:03:27 · answer #9 · answered by God Child 4 · 2⤊ 1⤋
you've been lucky to have remained there for that length of time that you have, i believe , and this depends on the state, CA in my case, that after the leaseholder is deceased family can receive about 30 days to take care of those matters, if you remain there any longer, you are responsible for the rent, land lord also had right to evict after the initial 30 day period, after proper service of written notice. good luck
2007-08-25 13:03:23 · answer #10 · answered by mailliwbu 1 · 3⤊ 1⤋