If I am a co-executor with my sister for my dad’s estate but sister has been living in the home rent free, can I sue for rent or receive other compensation?
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If I am a co-executor with my sister for my dad’s estate but sister has been living in the home rent free, can I sue for rent or receive other compensation?
Asked on November 29, 2011 under Estate Planning, Mississippi
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your sister has been living in an asset of your father's estate rent free, you as the co-executor of the estate have the option to charge her a monthly rate. If she refuses to pay the monthly rental, you can surcharge her the amount owed to the estate.
If she is entitled to the home as an asset as one of the beneficiaries, then you really do not have a realistic basis for suing her for rent or even charging her.
I suggest that you consult with a Wills and trust attorney about your situation to review your father's Will and advise you on the situation you have with your sister.
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