Legal Question in Wills and Trusts in Connecticut

Should beneficiary pay rent to estate?

My mother died leaving the house equally to all 3 children. One is currently living in the house. Should he pay rent to the estate, or other owners/siblings for his use of the home?


Asked on 11/09/09, 6:33 pm

2 Answers from Attorneys

Linda Subbloie Linda A. Subbloie, Esq.

I don't think he should have to pay rent when he owns the house.

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Answered on 11/14/09, 11:43 pm
John Heffernan Heffernan Legal Group, LLP

The fiduciary of the estate should insist that he pay rent. The rent may be less than fair market because he is, supposedly, a better risk tenant than a non-owner, but while the house is still in the estate's name, the other beneficiaries are entitled to the rental income. If it were an interest bearing bank account, you wouldn't expect the one beneficiary to keep all the interest income just because he has physical possession of the bank book, would you?

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Answered on 11/16/09, 2:56 pm


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