Legal Question in Wills and Trusts in Oregon

Re: accrued rent on real property

I do not know what you mean by it having been attached to the estate. If your mother died without a Will then you had the opportunity to object to your brother being appointed to handle the Will and you probbly can stil do so. He is correct that you should be charged back rent as it is an asset of the estate, but it s;houl dbe at whta terms your mother agreed to, as though she were still alive. However, if she were still alive and could raise your rent to the market value, so could your brother on behalf of the estate. There is no need for a written contract as the renting of a property does not require a written agreement. As an heir, you would get a pro rata share of the rent back; that would be tax free but the rent is not a deduction from yur taxes so there is no tax advantage.

Speak to your brother to work something out as to the rent payments and it being deducted from your part of the estate instead of having to pay it out of pocket right now.

I also I uncertain as to what the roleis of the atorney you mention. If he has been hired by your brother to probate the estate he is only obligated to speak to your brother.

Re: accrued rent on real property

Mr. Shers is correct. Unless you were notified by the estate that your rent would be increased, your would continue with the terms that you had while your Mother was alive - on a month to month basis. Further, as it has been pointed out, you would be entitled to half the estate (assuming it is just you and your brother); therefore half of the proceeds would come back to you. It sounds like you will need to speak with an attorney in order to straighten out all of your rights. Feel free to contact me if you would like to discuss.

Yours truly,

Bryan

619.400.4929

Re: accrued rent on real property

You brother has the duty to make estate assets profitable. Since you mother charged you rent, the probate judge might agree that you should be charged with that sum. I don't think, however, that your brother will get too far by trying to increase the rent. To avoid the possibility of paying higher rent, you may want to move out. Good luck.