Forcing an heir to the house to pay rent 3 Answers as of February 04, 2011

My grandfather left a will, willing everything including his house to his oldest daughter 50%, his younger daughter 25% and his two adult grandchildren 12.5% each. The younger daughter has lived in the house as her father's full time care-giver for three and a half years until his death late last year. The older daughter lives out of state and was named executor but choose to turn executor rights over to a lawyer.

The lawyer now executor wants charge the younger daughter rent for living in the house until it's future sale. The rent is to be paid to the estate, which she and her children make 50% of. Can we (younger daughter and adult grandchildren) object to this as we are collectively 50% of the estates heirs? It makes no sense to us to force our mother to pay rent to an estate she's herself heir to.

Also are the fees for the lawyer to come from the estate? Even though the will named an executor and an alternate both of which refused and choose to hire a lawyer on their own?

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Arnold & Wadsworth
Arnold & Wadsworth | Brian Arnold
In this situation you really need to look at the language of the Will and Trust. It will or should lay out the circumstances under which the executor can change, and who it can change to. The attorney fees are going to be paid by the estate to the attorney. You need to be careful that you look at the will to make sure there is not a contesting clause in the will that would void your inheritance.
Answer Applies to: Utah
Replied: 2/4/2011
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