QUESTION
Can a disabled person live in a probate estate rent-free?
Asked on Apr 21st, 2014 on Estate Planning - Michigan
More details to this question:
My mom passed away and I was living with her for 4.5 years prior to her death. I became disabled 3 months before she passed away. I ended up living in the home for 1 year and 2.5 weeks until it sold then I moved out. MY QUESTION IS: Can I live there rent-free because I was disabled prior to my mom passing away and continued to be disabled until the house sold? In addition, do you know the code in probate law that pertains to this type of case/issue/situation? Also I paid $8,500.00 in upkeep and repairs I have all my receipts how can I get reimbursed for this as well? Do you know the code for probate law for this matter? What is the statute of limitation on a loan owed to deceased person regarding having to pay it back to the estate? Do you know the code for probate law for this matter?
13 ANSWERS
I sounds like you need help from an estate planning or disability attorney, there is no enough detail in you question to give any help.
Answered on Apr 23rd, 2014 at 7:32 AM
3 Awards
I am sorry that you are disabled, but your disability is not an issue here nor does it provide you with additional rights. The issue is what does the Will provide... The estate may attempt to surcharge you for utilities and rent. It is hard to say. You should probably speak with a probate attorney. You may petition the probate court for instructions and possible offset for the items you can substantiate paying for, but if they are for utilities, maintenance or repairs, and you lived there, that is probably an expense that you need to bear personally.
Answered on Apr 23rd, 2014 at 6:03 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No you can't live in residence for free; as to your bills, if there is a probate open in court filing, then you will need to file a creditors claim for recovery of your out of pocket expenses.
Answered on Apr 23rd, 2014 at 6:03 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is no entitlement for ANYONE, disabled or not, to live in a home, rent-free. Any one of the beneficiaries of the estate is entitled to possess the home, but the Personal Representative trumps all. It is his/her DUTY to protect and secure the probate assets. In that capacity, the PR could have evicted you, if he/she wanted. As far as reimbursement, it sounds like the estate was closed long ago. If that is the case, your claims are also expired. You would have had to raise your claims for reimbursement during the administration of the estate. Ideally, this should have been taken care of at the time of the sale of the property. Because you did not file a claim, the PR was not obligated to reimburse you. As far as the code sections, there is no code section on anyone living in the property rent free, because there is no entitlement to do so. There are code sections for making creditor claims. Generally, MCL 700.3801-3811 applies.
Answered on Apr 23rd, 2014 at 6:02 AM
2 Awards
Disability does not give you the right to live rent free. You can file a creditor's claim if it is not too late for the $8,500. You have 4 months from when Letters are issued in the probate. I suggest you speak with an attorney.
Answered on Apr 23rd, 2014 at 6:02 AM
Thomas Edward Gates
You could not live rent-free. The estate is the owner of the house and is able to charge rent to generate income for the insurance, property taxes, and maintenance of the home. The money spent for the repairs to the home, was your contribution for living there. If you were not living there, you would of have to pay rent somewhere else. Any loan to you would be paid to the estate. If there was a formal written document, then the Executor cannot accelerate the payment of the loan.
Answered on Apr 23rd, 2014 at 6:02 AM
No, you may not live there rent free.
Answered on Apr 23rd, 2014 at 6:02 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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A disabled person has no right to live rent free in a home which is owned by a deceased estate. There is no provision of the Ohio Revised Code that allows disabled persons to squat in the property of others. As to recovering the $8,500 that you spent to help maintain the house. You can file a claim with the executor for up to six months after your mother's death. ORC 2117.06. ?However, since you lived in the residence, the executor and the court are likely to take the position that your contributions are the equivalent of rent and I'd be surprised if they treat this as a loan to the deceased. There are not special statutes of limitations in the probate code, the statute of limitations on a loan owed to the deceased would be the regular statute of limitations for a written contract (8 years) or if it was unwritten then 6 years.
Answered on Apr 23rd, 2014 at 6:01 AM
Edwin K. Niles
I can't see how your disability has anything to do with occupancy. There is a 6 month claim filing period; you can the form from the court.
Answered on Apr 23rd, 2014 at 5:48 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, just because you are disabled, you cannot live rent free. You need to talk with a local probate attorney to figure out what you may be entitled to. I would imagine that if the estate has not been closed, you can submit a claim for the amount paid on the house.
Answered on Apr 22nd, 2014 at 3:15 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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As a disabled, dependent child of the decedent you may be entitled to a child's award for temporary support after the death of the decedent. As an adult child your disability would be an important consideration and may allow you to such a claim. (755 ILCS 5/15-2). You are not entitled to live in the decedent's home without the payment of rent. It is customary to allow an heir a reasonable period of time to find alternate living quarters. This reasonable period of time could affect the amount of the Child's Award since both issues relate to support. Your expenses relating to maintenance of the decedent's home could be applied toward the rental sum. There should be a clear agreement between the representative of the estate and the heir to clarify the responsibilities of the estate and tenant/heir residing in the estate property. If a person has a valid debt owed to the decedent then the estate can collect the debt. The statute of limitation on the debt would apply in the determination as to whether or not the debt was valid at the time the decedent died. If it was valid then the representative/executor can collect the debt. The nature of the debt and whether or not the debt was documented in a writing will determine the applicable statute of limitations.
Answered on Apr 22nd, 2014 at 3:14 PM
Generally, a disabled person has no right to live anywhere "rent free" just because he or she is disabled. On the other hand, any person can live in a house without paying rent if the owner allows it. Loans to a deceased person usually come due in full at the time of the person's death; the executor is responsible for collecting the sum as it is an asset of the estate. You can submit your upkeep/repairs expenses to the executor of your mother's estate. As you don't mention the state in which you reside, I can't cite specific statutes.
Answered on Apr 22nd, 2014 at 2:46 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There is no law of which I am aware of which would allow a person who was disabled continue to live in a residence owned by a probate estate. You'll have to work out your situation with the estate, and the other potential heirs. There was certainly a value to have you there, providing the upkeep and repairs, and occupying the residence so that it would not be at a higher risk. If there are disagreements, I would suggest you speak with an attorney to represent you to the estate.
Answered on Apr 22nd, 2014 at 2:39 PM