QUESTION

Can one force an heir to the house to pay rent?

Asked on Jul 15th, 2015 on Estate Planning - Ohio
More details to this question:
My grandfather left a will, willing everything including his house to his oldest daughter 50%, his younger daughter 25% and his two adult grandchildren 12.5% each. The younger daughter has lived in the house as her father's full time care-giver for three and a half years until his death late last year. The older daughter lives out of state and was named executor but choose to turn executor rights over to a lawyer. The lawyer now executor wants charge the younger daughter rent for living in the house until it's future sale. The rent is to be paid to the estate, which she and her children make 50% of. Can we (younger daughter and adult grandchildren) object to this as we are collectively 50% of the estates heirs? It makes no sense to us to force our mother to pay rent to an estate she's herself heir to. Also are the fees for the lawyer to come from the estate? Even though the will named an executor and an alternate both of which refused and choose to hire a lawyer on their own?
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8 ANSWERS

Edwin K. Niles
The lawyer is correct; rent should be paid. Yes, the executor can and should have a lawyer, whose fee is set by statute and is payable from the estate assets at time of closing.
Answered on Sep 01st, 2015 at 9:49 PM

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Real Estate Attorney serving Battle Creek, MI
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If all of the beneficiaries agree that no rent should be paid, then the estate will not likely press the issue, but there's no guarantee.
Answered on Sep 01st, 2015 at 9:49 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Until the estate is settled and title to the property is turned over to the heirs or is sold and the proceeds are turned over to the heirs, the executor is within his or her rights to require any resident on the property to pay rent. A family member who is executor might ignore this but the attorney is ethically required to obey the law and do his or her best to protect the assets of the estate. It is possible that elder daughter is still the executor of the estate and the attorney is her agent in the matter. If that's the case, elder daughter may be able to direct the attorney to allow younger daughter and her children to remain rent-free until the estate is settled. The cost of the attorney should be paid from from the assets of the grandfather's estate.
Answered on Sep 01st, 2015 at 9:49 PM

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Probate Attorney serving Las Vegas, NV
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In Nevada, rent would need to be paid absent an order to the contrary. Additionally, the estate representative/attorney is to be paid from the estate assets. Such fees are an administrative claim and are the highest priority to be paid.
Answered on Sep 01st, 2015 at 9:49 PM

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Thomas Edward Gates
Sorry, she owes the rent.
Answered on Sep 01st, 2015 at 9:49 PM

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Corporate/Business Attorney serving Beachwood, OH at Christine Sabio Socrates Attorney at Law
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If the attorney is the appointed administrator or executor of the estate, he has a fiduciary duty to preserve the assets of the estate and can charge rent to the person living in the home. She is receiving a benefit by living in the home however the estate is also receiving a benefit by having her live there and taking care of the home. Who is paying the mortgage, taxes, utilities, insurance and upkeep of the home? You should be able to work something out with the executor that is fair and agreeable to all parties. Regarding attorney fees, typically the attorney who represents the estate is paid from the estate assets. If the will named an executor and an alternate, then any of the other family members who also resided in the same state as the decedent could have requested to be the administrator, even if they were not specifically named. The other beneficiaries are also entitled to hire an attorney on their own to make sure their rights are protected. I hope this helps.
Answered on Sep 01st, 2015 at 9:48 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Yes, as long as the house is in the estate, the estate has the right to charge her rent. The estate is not required to charge rent, if all the heirs oppose charging the rent; it's not necessary. Few executors have the knowledge and expertise to handle an estate without a lawyer. The lawyer's fees are paid by the estate and would be the same regardless of whether the relative is the executor or the lawyer is.
Answered on Sep 01st, 2015 at 9:48 PM

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Estate Planning Attorney serving La Grange, IL at Law Office of T. Phillip Boggess
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If an attorney is hired, that attorney obviously will need to be paid. If representing the executor/administrator, it is typically paid by the estate. If a beneficiary hired the attorney to protect the beneficiary's interest, then that is up for question depending on the facts and reasons. As for the rent, the person living in the place should be responsible for some rent. The Estate would be responsible for the taxes, upkeep, assessments, etc. But this is technically how it should happen. If everyone agrees to things happening differently and all beneficiaries sign off that they received everything they deserved upon the distribution of the estate, it shouldn't cause any problems. Things could even be adjusted to reflect the benefits received.
Answered on Sep 01st, 2015 at 9:48 PM

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