Legal Question in Wills and Trusts in California

Probate question? (California)

My Mother passed away & left her house to my brother & I. He was already living there rent free as she owned her home. I'm married and live across town. Once probate gets started isn't he going to have to pay *back rent* for the months he is living there free? Won't that come out of his half of the estate? He seems to think its all his and I get nothing. Can he live there rent free in the life of luxery and not have to pay anything when its through probate? This doesn't seem fair.


Asked on 10/24/07, 1:21 am

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Probate question? (California)

See answer to next question which is a repeat of this one.

Read more
Answered on 10/24/07, 10:40 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate question? (California)

The personal representative of the estate should collect rent (the reasonable rental value of the premises). That can be you. Who is probating the estate? If probate has not already been filed, get going. It doesn't happen by itself. Hire a lawyer, file for probate of the estate and petition to be appointed personal representative of the estate.

Read more
Answered on 10/24/07, 1:13 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California