QUESTION
Is living in my fathers estate while paying off his owed mortgage considered renting?
Asked on Apr 21st, 2021 on Wills and Probate - Ohio
More details to this question:
My father passed in 2018 no will. I have 2 siblings, brother is executor. Me and my bf were talked into moving into the house which carried a 27k balance (worth 90k needs repairs). We agreed as they told us wed pay it off then sell split profit 3 ways. Weeks later brother decided we needed to buy them out instead,gave us a low offer of 10k each + a percent off final sale. We agreed. Months went by with no word from brother. Finally txts me and says no we need 20k each now and he cant get the deed out of name of estate until we pay off the balance + all overdue property taxes. Told us go get a loan or il kick you out. Weve been arguing for 3 yrs now. He claims we are 'renting' not investing and he can kick us out at any time. There was no rental agreement between us or the courts house is in estates name still. Weve paid 20k by now + all the repairs and bills as well. Brother refuses to pay overdue property taxes (4k). Refuses to speak or meet with us. Do we have any rights here?
1 ANSWER
Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH
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The money paid to live there likely will be considered rent. You will not obtain any ownership rights just by paying the costs and expenses. Depending on the particulars, you may have a claim against the estate for funds expended in preserving the property. I recommend sitting down with a probate attorney in your area to go through the facts with you in detail, and advise you.
Best of luck.
Answered on Apr 21st, 2021 at 11:53 AM