Is it true that under some state laws, that if a person passes away and leaves their home to their 2 children, that the 1 who resides in it during probate must pay rent?

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Is it true that under some state laws, that if a person passes away and leaves their home to their 2 children, that the 1 who resides in it during probate must pay rent?

Asked on September 30, 2014 under Estate Planning, New York

Answers:

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

Answered 7 years ago | Contributor

I wish that you would have been specific as to which state you are speaking about so that I could have helped look up the statute.  But here in New York that would not necessarily be the case.  The executor of the estate has the ability to set the terms and if the party living inn the house is maintaining it and paying the taxes, etc., that could be the agreement.  But each party that inherited has equal rights and if one of them wants to rent the house and the other wants to live in it well, then, there is going to be an issue.  Good luck.


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