Legal Question in Wills and Trusts in Texas
Sibling House Rent
My mother died intestate (I'm the administrator) leaving 3 properties: Hers (NY), mine and my sister's (both in TX).
My mom took over the deed to my house when I nearly lost it in the mid-late 90s, and paid most of the mortgage the last few years as I became disabled. In the late 90s she bought my sister a house, and ended up paying almost all Sister's bills (hundreds of thousands of dollars), leaving Mom virtually penniless and heavily in debt.
After selling and equally dividing Mom's home, we wish for me to get my house back (paying my sister half its value and getting the deed back in my name), and sell my sister's (splitting the proceeds in half) so she can purchase another house. Meanwhile, ''the estate'' is paying the mortgages, with my mortgage about half that of my sister's, and each of us living in our respective homes.
Can we each be charged rent from the time of our mother's death? And if so, would it be reasonable, maybe even expected, that it be in the amounts of our respective mortgages (thereby making the division of the remainder of the estate more equitable)?
1 Answer from Attorneys
Re: Sibling House Rent
Yes, you can charge rent, and probably the amount of the mortgage is a good estimate of the fair rental value, though it may not be. You should check around to see what average rent is in the area for that type of house, to make sure that the mortgage is not way out of line with fair rental.
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