Legal Question in Wills and Trusts in Washington
My husband has inherited his parents house, along with his two siblings. The house is in the Seattle area. My sister in law that occupies the house (rent free), feels the market is not in good enough shape at present to sell. It has been three years since my mother in laws passing. Also the sister living in the house doesn't want to have to show it. The other sister is not in need of the money.
We (my husband and myself) REALLY NEED THE MONEY AS WE ARE BOTH UNEMPLOYED.
My question is if we have any legal rights, and can we force the issue??
1 Answer from Attorneys
You do have rights, governed to some degree by the Personal Representative of your M-I-L's estate. For instance, it is certainly improper for one of your "co-tenants" to live in the house without paying rent. If the personal representative will not require her to pay the full fair market rent to the estate, the court will. She will be getting her share of her payments to the estate back when the estate is closed, but until then, the estate must collect and she must pay fair market rent.
As to timing, that is more of a matter of the Personal Representative, negotiation and other considerations, but the rent is not subject to being allowed for free to a 1/3 owner and she also owes the rent for the three years since the passing of your M-I-L as well.
I have been doing this (estate) work since 1975. If I can be of help, contact me for a no-charge evaluation interview.
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