What to if my sister is executor of Mom’s Will and she has let my niece live in my Mom’s house for free?

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What to if my sister is executor of Mom’s Will and she has let my niece live in my Mom’s house for free?

She has sponging off her for years. There is no more money coming in and my sister wants my niece to continue living there without paying anything until the house sells. At first, she said niece would only stay 2 or 3 weeks and find an apartment or move in with her. She will be using estate money to support her daughter who is bipolar, not on meds and spends every dime she gets. My sister pretended to be my mom and renewed a credit card which she then gave to her son. He has since maxed it out. I told her it was a crime but she said that she will transfer it to one of her accounts in a few months. My sister and brother-in-law elbows in debt. I want my niece out now.

Asked on January 3, 2014 under Estate Planning, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your sister the executor of the estate has the obligation to maximize the assets of the mother's estate. If she refuses to charge rent to the niece, then the executor can be surcharged the rent personally. I suggest that you consult with a Wills and trust attorney in your locality about the matter. One can be found on attorneypages.com.


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