If th executor of estate and other beneficiaries do not want to sell parents home yet, can I as a beneficiary live in the home until it is sold?

Beneficiary to my parents estate. Passed away 2 years now. Other siblings, one who is an executor of the estate do not want to sell properties and divide assets. I need my share of my parents estate to help my family out. Would like to live in their home which is unoccupied until they decide to sell. What are my options?

Asked on July 31, 2012 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You as a beneficiary have the same rights as the other beneficiaries.  But your sibling as the executor has the obligation to administer the estate and to protect the assets.  If the house stands empty you could negotiate to occupy and maintain for the benefit of all.  Pay a rent that would go to the estate (remember that you are entitled to a portion of that so the rent can be lower or nominal if you choose to pay the maintenance and upkeep with in reason).  Please seek help as you would have to negotiate what you would be responsible for here.  Good luck. 

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