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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption