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My dad past away; I lived with him all of my life. He left me 50% of the estate and the other to my kids and sibiling. He left in the Will for me to reside in the house for 2 years. He left my aunt as the executor to handle the matters. However, she has caused major problem between the family. She is making me pay her rent and not telling us what is being done with the money and my father account none of the money was left to her but she is allocating what could be fixed and not fixing necessary iteams. I am sickely and out of work and could not afford the rent she is making me pay but she is not willing to compromise.

Asked on January 2, 2019 under Estate Planning, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The executor manages the property but MUST do so in accordance with the terms of the will: the executor cannot go against what the will says. Therefore, if you have the right to live there rent free per the will, sh cannot force you to pay rent.
Also, any amounts she collects from estate property are for the benefit of the heirs/beneficiaries, not for the executor's benefit. So any rent she was able to collect, if she could collect rent legally, would go 50% to you and 50% to the other heirs (your children and sibling).

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