Legal Question in Wills and Trusts in New York

estate/will, My brother is renting past 8 years from my parents. My dad passed away recently, my brother is buying home and says his rent for those 8 years should be reimbursed when house is sold to him. He wrote on checks, toward mortage. My brother did not put any money down on house nor is his name on the mortgage. Is he entitled to get this money returned to him? It is written in my Dads will, the house is to be sold and split in half by two children. ty.

Is the answer free?


Asked on 12/17/13, 9:15 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

I wouldn't.

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Answered on 12/18/13, 4:33 am
Arnold Nager Arnold H. Nager, Esquire

He lived there and had use of the house for the eight years, You should not be required to subsidize him. Furthermore, you are entitled to one half of the fair market value of the house ads of the date of his death. If your brother does not have the money to pay you, or if he cannot get a mortgage, you may need to take legal action to force a sale, In any event, the estate, and I assume this is one-half yours, is entitled to fair market rent until settlement is made. You may want to look into retaining a knowledgable attorney to help you. Feel free to email me at [email protected] with any question.

Arnold Nager

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Answered on 12/18/13, 1:10 pm


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