QUESTION

My sister has been living in the house my mother left us; I have requested to the Court and my administrator, that I want to charge my sister rent.

Asked on Jan 27th, 2021 on Wills and Probate - Texas
More details to this question:
My sister has been living in the house since my mother passed Oct. 11, 2016; I live in Texas; the house was put on the market for sale; can I charge her rent, she is the only person that has access to the property. I was told that I can charge her 50% of the Rent value in that area in Austin, Texas... Is that true?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
If the administrator does not need to sell the house to pay debts but has distributed it to you and your sister 50-50, instead of forcing a partition and sale to collect your 50% of the net proceeds, you could theoretically enter into a lease with your sister -- if she agrees.   Please note that you will have all the repair and property tax obligations of a landlord, pay income tax on the proceeds, and should hold any rental properrty in an LLC with the proper amount of property liability insurance to insulate your other assets from claims.  As your sister should be aware, a lengthy lease awill result in your receiving more, over time, than would a sale.  Note also that contracts for deed are no longer legal in Texas.
Answered on Jan 28th, 2021 at 5:30 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.

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