QUESTION

Likelihood of individual, who refused to move out and sell willed estate, changing me a "living expenses fee" for their time living there?

Asked on Jun 04th, 2017 on Wills and Probate - Pennsylvania
More details to this question:
According to a will between two individuals, an estate was supposed to be sold and equally divided between two individuals after the death of the owner. However, the one individual, who has lived in the house there entire life, was non-cooperative in moving out and essentially refused to sell the house. As this situation was leading toward a complicated legal battle, the other individual, already leading their own life, decided to stop pursuing the sale and left the individual to stay in the in estate. Now, approximately five years later, the individual living in the house, now realizing that they will inevitably have to move towards a sale, intends to charge the other individual a sort of "living expenses fee" for the period in which they lived in the house between the death of the owner and the eventual sale. I'm assuming that this would not hold up in court--as the individual living in the house refused to leave nor is this clause included in the will-- but I just want to make sure
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1 ANSWER

Business Law Attorney serving Pittsburgh, PA at Fiffik Law Group, P.C.
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The living expense claim has merit.  its one of several factors that will be used to determine how to split the net proceeds of the sale of the property.  You can't live in a house owned by others for free.  However, everyone also has a duty to cover expenses.  If the resident lived and covered all the expenses, those expenses will be used to offset any amount that person owes for living there.  Usually the net effect is a minimal adjustment to the split in proceeds.  In other words, the claim is usually not a huge deal in the end result. 
Answered on Jun 05th, 2017 at 6:09 AM

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