Legal Question in Wills and Trusts in Illinois
I was a tenant in my mother's building. My sister who is the executor of my mothers estate is charging me for the replacement of the carpet. She is taking out this money from the future sale of the building. I would think these two entities, my tenancy and my beneficiary status, are separate. How to handle this?
2 Answers from Attorneys
You are correct, but honestly, the bottom line to you is the same. Kind of odd that your sister would be that, um, precise?, with her own sister, but certainly there is more to the story.
They could be separate. However, consider this. Your mother's Estate owns the building. As owner, your mother's Estate has assessed a fee against you for the replacement of the carpet. If you agree that this is appropriate, then you must pay the fee and the Estate can easily deduct that fee from your share of the Estate.
However, if you believe that the fee is inappropriate, you may not want to let your sister conveniently reduce your share. There are approaches you can take with her regarding this, but it would take too much time to type this here. Feel free to give me a call. I won't charge for a brief conversation about this.
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