What are my rights regarding residence in my late mother’s house?

UPDATED: Jan 8, 2014

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What are my rights regarding residence in my late mother’s house?

My mother passed away about 9 months ago. I lived with her for about 7 years. I took care of her when she had heart surgery and when she was diagnosed with stage 4 lung cancer before she passed. Her Will named my nephew as executor, and her stated the house be sold and the monies divided between my 2 sisters and I, as well as my 4 nephews. My sisters are no longer speaking to me and want me out of my mom’s house. I’m desperately trying to find a house that I can purchase on my fixed income. In the meantime, I am paying the mortgage on my mother’s house. Now my nephew wants to charge me rent at the current market value of the home, which is valued at $130,000. The mortgage is currently $559 a month. I bring home $1200 a month. Can he do this?

Asked on January 8, 2014 under Estate Planning, Arizona


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

If your nephew is the executor, it is reasonable for him to take over the mortgage payments and charge you market rent.  He should have also listed the house for sale by now and be showing it to prospective buyers.  It is his job to carry out the instructions of the will and do what is best to maximize the value of the estate.

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