Legal Question in Wills and Trusts in New Mexico

My father recently passed away leaving his paid off home to all 4 children, to be sold and shared equally. I am the only one living there as I was providing 24/7 personal care for him until his death, but my sister was name executor of the estate. My siblings feel I should be entirely responsible for all labor, maintenance, and upkeep on the home and landscaped property until it sells. Aren\'t we all responsible equally in these areas?


Asked on 7/31/09, 4:21 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Responsibility for maintenance costs is split 4 ways. Your siblings are entitled to reasonable rent for your occupancy of the premises. You are entitled to compensation for your time and labor in protecting the asset for the benefit of all of you. Recommend that the job of maintaining the home and landscaping is equal to the 3/4 rent they would otherwise be entitled to. If they don't like that, move out and the costs will be split 4 ways and someone else will have to look after the property.

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Answered on 8/05/09, 5:52 pm


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