Legal Question in Wills and Trusts in Florida

2 Questions about Trust and rent:

I lived with my mother in her home for 14 years and by mutual agreement she and I happily shared the expenses of living there together. Mom died at age 89 this January. I moved out of that home about 6 months after mom�s death. My brother and I are co-heirs to a Trust that includes all of her money and possessions, including the house she owned, as our inheritance (50:50). When mom died I told my brother that he could move into the house with me, but he did not want to. He is now saying that I owe him/the Trust for 6 months of rent. Do I owe rent?

Also, my brother borrowed about $18K from mom a few months before her death. She did not give it to him as a gift, but only as a loan. This money would have been part of her Trust. Does my brother owe half of this money back to the trust?


Asked on 8/02/11, 4:07 pm

3 Answers from Attorneys
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Tell UR brother that he can deduct UR 1/2 of the rent from the $9k he owes U plus the cost of maintenance, insurance and upkeep 4 six mos.

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Answered on 8/02/11, 4:43 pm
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

U do not owe him anything if there was room 4 him to occupy or rent to someone in the home. UR brother is a lost cause. Sell the home and B done w/ him. If the $18k was documented as a loan, then U should get $9k more of closing proceeds. If it was not documented, it will be very difficult to prove. UR word vs. his. U may also have a documentary stamp problem if U sue. U must pay stamps before the ct. will enforce any loan.

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Answered on 8/02/11, 4:50 pm
Lucreita Becude Lucreita D. Becude, P.A.

Sorry for your loss. Tell your brother to grow up. He owes the estate $9,000 and must pay. You do not owe any rent to him. You need to probate this estate and show that the funds of $18K came out of your mother's checking /savings or whatever account and was given to him. This will prove that he did receive the funds. If there is no agreement as to the pay back then it will be up to you to prove the need for those funds to him and what the reason was. This will be a little bit of a litigation situation but can be done. If you are in my area, Jacksonville, call my office for an appointment 904-997-1031.

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Answered on 8/03/11, 10:05 am


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