Can an administrator charge a distributee rent to live in a house that is part of the estate and is completely paid off?

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Can an administrator charge a distributee rent to live in a house that is part of the estate and is completely paid off?

Asked on October 23, 2012 under Estate Planning, New York

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Yes, the Administrator - who is the fiduciary of the estate - holds great power and can indeed charge rent for an asset of the estate.  If the rent is needed to pay the bills then it would be reasonable to charge same.  It may also be "fair" to the other distributees  - if any.  You should ask for a reduced rent since keeping you in a vacant house is in the best interest of the estate.  Good luck.


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