Legal Question in Wills and Trusts in Massachusetts
Can a special administrator charge an heir back rent? I was my mother's caretaker for 33 months prior to her death. I have lived in the home since and have paid for all the upkeep, repairs, and expenses. There was never a prior agreement for rent. My mother also had a will.
2 Answers from Attorneys
Theoretically, they can. However, you have the right to challenge it. They do have a right to charge you rent from a reasonable period after your mother's death.
If there is a Will, it should be submitted to the Court and the Executor/Executrix notified. If there is a challenge to the Will or the Executor, then a Special Administrator can be appointed.
You should contact an attorney directly if you have more questions.
If there was never an agreement for rent, I would say probably not. However, the estate probably has the right to demand that you pay rent going forward or evict you, as they see fit.
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