Legal Question in Wills and Trusts in Pennsylvania

Termination of QPRT divided into 2 trusts

A primary residence was transferred into 2 QPRTs -- 1/2 interest into each trust. The grantor is the trustee of both; the daughter is the beneficiary of both. One trust was established for 10 years, one for 11 years. The 10 year trust is now terminating, giving ownership to the daughter. Must the grantor pay rent under a lease even though as trustee she retains possession of 1/2 of the property for another year?


Asked on 11/19/08, 3:07 pm

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Termination of QPRT divided into 2 trusts

I would need to review copies of each QPRT and any corespondence or agreements between the parties to fully answer the question.

However, if the daughter now ownes one-half the house, it seems equitable that she be entitled to use the property as the owner of one half of the house...or to recieve half the rental value if the other owner is living there [but note that what she recieves in rent should be reduced by her 1/2 share of all the home expenses...i.e. taxes, insurance, maintenance, etc.].

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Answered on 11/19/08, 3:51 pm


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