Legal Question in Wills and Trusts in California

Probate? Can sibling pay ME rent?

My Mother passed away & her will left the house to my brother & I. (Share & share alike) My mother's house was paid off. My brother lives there free & clear other then taxes & home owners insurance which I'm NOT happy with since I pay a mortage & have bills like MOST people do. Me & my husband struggle monthly to get by while he KEEPS his entire paycheck to spend any way he chooses.

From what the attorney's on LawGuru told me he will be paying rent to the estate since he is living there after my mother's death, if I have that right? When I hire an attorney to handle this probate...instead of having him buy me out...is there ANY way I could let him live in the house and pay ME a monthly rent for living there? (Which would give me a monthly income since I'm on disability & it would also mean I still own my half of the house.) It seems MORE then fair to me since he doesn't want to leave that house. This way if God forbid something happened to me or my husband and we needed some where to live I would still own my half of the house. Would that be possible if he agreed? I'm in Orange County, CA.


Asked on 2/24/08, 12:21 am

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Probate? Can sibling pay ME rent?

of course you can. negotiate with him.

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Answered on 2/24/08, 1:19 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate? Can sibling pay ME rent?

Sure. Through the probate, the house can be transferred to you and him as tenants in common. But, there will need to be a source of funds to pay the expenses of probate. If that is covered, the house need not be sold. If you and he are tenants in common you both have the right to occupy the house. If he wants to agree to pay you rent during the time he occupies the house alone, you and he are free to make such arrangements.

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Answered on 2/24/08, 2:23 pm


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