Legal Question in Wills and Trusts in California

Probate and rent in California

My grandmother died at the end of 2004. I moved into her house soon after, Jan. 2005. My sister and I are supposed to have the house together - 50/50 - based on the will. She lives in Atlanta and the house is in California - where I live. The executor (my uncle) just informed me (in Feb. 2007) that I may owe rent for the property for the time staying here. Is this correct? I think they are trying to off set the equity I put into the house (almost 15K - for fix up needs - like fixing the furnace, etc. ) so that my sister will not have to pay for it, if I should buy her out. Is this right? Can the executor claim that I owe rent? No one has talked to me until now - nearly 2 years after my grandma's death.


Asked on 2/17/07, 11:45 am

1 Answer from Attorneys
Janet Brewer Law Office of Janet L. Brewer

Re: Probate and rent in California

Check with a real estate lawyer, but it's my understanding that if you are one of the legal owners of the house (that is, if your grandmother willed even 1% of it to you or if you are to receive a portion of it because you are an "intestate heir" of your grandmother), you might not be required to pay any rent ... as a co-owner I believe there's no duty to pay rent absent an agreement that you will do so. Even if the house is still in probate, you could be considered a legal owner of the house assuming you survived for whatever period was required (usually no more than 6 mos., depending on the terms in the will).

Good luck.

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Answered on 2/19/07, 11:31 am


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