Legal Question in Wills and Trusts in California

Re: rent

I assume you are referring to the "estate" and not the "state". Until the house is distributed to the rightful beneficiaries, you certainly would owe rent to the estate, although if the period of probate is relatively short no one might bring it up. No one asked you to clean up the place [unless you were the executor under the Will] so you are not entitled legally to compensation; nor were you asked to stay there for security purposes. You would be considered a volunteer.

If you are living there, why should you not pay rent? You are getting the same advantage as if you had rented out someone else's house. Go to all the heirs in the Will and get them to agree that in return for your cleaning the house, keeping it up, acting as a security guard for the building, taking care of the lawn, etc. that you live there rent free. You could also seek to be appointed the administrator of the estate, but that is a big headache.

Re: rent

Based on the facts as you presented them, no, the home is owned by the deceased person's estate throughout the Probate proceeding. Therefore, the mortgage must be kept current, but the hom eis not owned by the State nor can they charge rent for living there.

If you are in the midst of a Probate and are not represented by counsel, I suggest you retain an attorney as soon as possible. Probate is complicated and can be a very lengthy process. Our firm specializes in this area, so I am certain we can assist you.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com or our very informative site No-Probate.com.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

Re: rent

If there are heirs other than yourself, then yes, they may charge you rent. If you are also an heir, the rent should be reduced proportionate to your share. Contact me directly.