Legal Question in Wills and Trusts in California

Re: Probate Question

Without something different in the will, or an agreement between you and your sister, she owes the estate fair market rent for the property. The estate would owe the insurance as an estate expense. If the estate does not have cash to pay it, your sister can pay it and the rent can be adjusted accordingly.

The court usually wants to see an estate closed within a year from the time it's opened--is there a reason it's been open for 22 months? She should likely be filing the closing petition soon, and you may want to work out the details of the property ownership between you first, or decide whether you'd like the home sold.

Re: Probate Question

Assuming the house is an estate asset, it would normally be considered an expense of adminstration paid by or out of the estate. However, if your sister has a lease that allocates this expense to her, then it would be her expense.

By the way, 22 months appears to be a long time for an estate to be open. Feel free to contact this office if you want to discuss dealing with this issue.