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?

UPDATED: Jan 3, 2014

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.

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.

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