Legal Question in Wills and Trusts in New York
Charge estate for back rent
My mother died last month and my brother is executor of the will, which leaves everything to me and my brother. My mother lived in my brother’s house, rent free, for the last 10 years. My brother feels he is entitled to more than 50%, and now wants to charge my mother’s estate for back rent for the last 10 years totaling over $200,000. Can he do this? Also, since my mother did not have any property, the will is not being probated. How can I be sure there is no additional money that I don't know about?mount
2 Answers from Attorneys
Re: Charge estate for back rent
no
Re: Charge estate for back rent
No, your brother cannot charge for back rent unless he can somehow establish a lease or other agreement. To find if there is additional money, you need to find out what assets your mother owned. Tax returns are good place to start.
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