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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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