Legal Question in Wills and Trusts in Maryland
We are being directed by my fathers estate lawyer to collect rent from his girl friend who still lives in his house. Is the rent required? Why? What if we don't collect rent?
1 Answer from Attorneys
The assets in an estate are supposed to be used first to pay off the decedent's legal obligations / debt and then to go towards the beneficiaries in the manner prescribed by the will (or if no will by the intestate succession laws). Depending on the circumstances it might be viewed as improperly letting one beneficiary (or a non-beneficiary) benefit at the expense of the heirs if no rent is collected. Also, it may be that the estate needs some income to pay property taxes, insurance and so forth while the estate is getting wrapped up. That being said, if all beneficiaries agree to let someone live rent free, the "tenant" doesn't hold up the sale of the property and the estate is solvent it might not matter. Once an estate disburses all the assets, the beneficiaries are free to let anyone they choose live rent-free but it can be a bit more
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