Will

My dad past away; I lived with him all of my life. He left me 50% of the estate and the other to my kids and sibiling. He left in the Will for me to reside in the house for 2 years. He left my aunt as the executor to handle the matters. However, she has caused major problem between the family. She is making me pay her rent and not telling us what is being done with the money and my father account none of the money was left to her but she is allocating what could be fixed and not fixing necessary iteams. I am sickely and out of work and could not afford the rent she is making me pay but she is not willing to compromise.

Asked on January 2, 2019 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The executor manages the property but MUST do so in accordance with the terms of the will: the executor cannot go against what the will says. Therefore, if you have the right to live there rent free per the will, sh cannot force you to pay rent.
Also, any amounts she collects from estate property are for the benefit of the heirs/beneficiaries, not for the executor's benefit. So any rent she was able to collect, if she could collect rent legally, would go 50% to you and 50% to the other heirs (your children and sibling).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.