Can the executor’s mother live in my dad’s house rent free while we are waiting for the trust to finalize?

UPDATED: Aug 30, 2011

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Can the executor’s mother live in my dad’s house rent free while we are waiting for the trust to finalize?

My dad died 3 years ago and my sister has been living in his house rent free and will not pay rent. Her daughter is the executor and lets my sister do whatever she wants with my dad’s property. When I ask questions my niece and the attorney will not answer them. All the money in my dad’s bank account is gone. My sister said she paid my share of the property taxes but when I ask if I was supposed to pay any of the taxes I didn’t get an answer. I said I wanted to live in my dad’s house and my sister said she would lock me out if I went there.

Asked on August 30, 2011 California


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

Answered 11 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  I think that from the way that you have presented the facts here regarding the situation you have some legitimate concerns and you need to speak with an attorney on this matter as soon as possible. The executor of an estate has a fiduciary duty to carry out the wishes of the decedent and to be fair and impartial to all beneficiaries.  It does not sound like the case here and so I think that you need to request an accounting of the estate and the funds over the last 3 years.  And if there is some hanky panky going on then you need to have her removed and make her accountable.  Good luck.

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