Legal Question in Wills and Trusts in Nevada

i was living with my grandmother,she died now my mother wants me to pay rent. can she do this while its in probate ?

Asked on 5/05/17, 2:51 pm

1 Answer from Attorneys

Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

If your mother is the court-appointed personal representative or administrator of Grandmother's estate, she is responsible for gathering, preserving and disbursing all the assets your grandma left. That includes, especially, her home and its contents. If you have given your mother any reason to believe that the property cannot be left in your care without grandmother there, or if she simply believes the best interests of the beneficiaries is met by charging rent or moving you out, she may have the legal authority to do just that. Now, if she has not been appointed by a court and is just exercising authority over her mother's home because she is the "next of kin" to do such, she may be going beyond what the law allows her to do.

Put yourself in her place. If the house could be rented to someone else on the open market, your grandmother's estate is, essentially, giving you that amount of rent each month. That was fine while Grandma was alive and you were living with her, but the picture changed when she passed and someone other than she is now legally due the benefits of ownership of the house. If you are not a legal heir to her estate (children take priority over grandchildren, generally), you may be benefiting when it is someone else (perhaps your mother and her siblings?) who is legally entitled to such benefits.

Is she offering the house at a fair price? Could you live that comfortably anywhere else for the money? Can you afford what she is asking? Not knowing all your facts it may be harsh for me to say, but maybe it is time to become adult enough not to be dependent on either Grandmother or Mother.

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Answered on 5/05/17, 4:10 pm

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