Legal Question in Wills and Trusts in Florida
real estate
My grandfather died and left his house to my sister and I. The probate recently was closed and now I am selling my half to her. She has been living in this house for free for 4 years now. Is she required to pay me some sort of rent for occupying the home? I have not benefited from the ownership of half this house at all. I asked this question earlier on maybe this web site or another but the response I got what related to joint tenency. I dont think that applies in this case.
2 Answers from Attorneys
Re: real estate
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You may have been entitled to payment for rent, but it is hard to ask after the fact for four years worth. If she paid for the upkeep, maintenance, and taxes, during her occupancy, then she may have already paid a substantial amount of money. You should meet or discuss this with a real estate attorney who can review all of the specifics and advise you of your legal rights and obligations. Further, the attorney can then represent you in the sale to your sister to make sure it is handled properly.
Scott R. Jay, Esq.
Re: real estate
you are too late to ask