QUESTION
Should the executor of an estate have to pay rent to live in an estate property while the estate is in probate? (Illinois)
Asked on Oct 27th, 2020 on Estate Planning - Illinois
More details to this question:
My mother passed away 10 years ago. her and my father had three children (myself and my two younger brothers- all adults at the time of her death) She owned her house in joint tenancy with my father (who passed away 20 years ago). The same year she died she was remarried. (married 10 months before she passed away). She did not leave a will and my step father was appointed executor of her estate. The estate and property have been in probate for 10 years. Two years ago my step father sold the house but the 8 years prior he was living in it. We received final paperwork to close the estate recently but we came to find that he a) did not pay rent during any of his time living in the house b) paid over 50K in property taxes from the estate WHILE living in the house c) paid over 20K in repairs and home maintenance on the home over the 8 years. Should he have to back pay rent for those 8 years? If so, how do we enforce it and is he entitled to half of the property since she had no will?
1 ANSWER
2 Awards
It is highly unusual for an estate to be in probate for 10 years. It is also highly unusual for beneficiaries or heirs to wait 10 years to complain that they have not received a distribution.
Without examining the deed to the property, the evidence of payments and nonpayments, no one can say what, if anything should pass to you and your siblings. Please gather all the documents and take them to a probate attorney who practices in the county in which your mother lived and died. But note that it may be too late for you to complain.
Answered on Oct 28th, 2020 at 5:37 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.