Legal Question in Wills and Trusts in Georgia
my uncle passed away in 2010 in the State of Georgia
the property is to be split into 3 parts
we have an heir that has been residing in the home
the administrator is just now feb 2014 going to start charging monthly rent can we go back and charge for back rent since they have been residing in home
the electric bill for the home has been coming out of my uncles account so they have been rent and utility free since my uncle passed
1 Answer from Attorneys
And what is your question?
Your uncle died in 2010. What efforts, if any, were made to probate his estate? Was probate necessary? If there was no probate why not?
Why, when your uncle died, were the utilities not terminated and why was the estate still paying for this? If a beneficiary was residing in the home and the home is owned by the beneficiary and others, then the beneficiary should pay rent (2/3rd of the fair market value) or come to some other agreement such as the beneficiary will be solely liable for taxes or something. The rental income should be used to pay for taxes, maintenance, insurance and the net profits would be split among the heirs. This gets really complicated and really the beneficiary who lives in the home should be buying out the shares of the other heirs.
The utilities should be put solely in the name of the beneficiary who lives there. The uncle's estate should not be paying for the utility bills and the estate should seek reimbursement from the free-loader heir.
It sounds like only now has someone been appointed as administrator. I hope this person does what they should have done 3 years ago and at least pays for a consult with a probate lawyer who practices in the county/state where the estate for the uncle is pending.