Legal Question in Wills and Trusts in Virginia

estate rent

My father passed away 3 months after building dream home. He left the right to live in the house to me. The excutor is tring to charge me ''rent'' All the interest. Is he right? Can I fight this?


Asked on 12/28/08, 9:05 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: estate rent

I don't think there is enough information in your question to tell you if you must pay rent or not.

The most important thing is to look at the actual will, if any. If it is not covered in the will, we would have to know exactly what created the "right to live in the house" and what exactly that means.

This could be created in a lot of different ways and it could make a huge difference.

It makes a difference how this right was established or created.

This right could be exclusive to you or just while the estate is being handled, etc.

Normally, the obligation of the trustee would be to divide the assets among the heirs. So if one beneficiary is making use of the house in a way that the other beneficiaries are not, the heirs are not getting equal value. This may be cured by having the one living there pay rent to even out the value.

However, if you have been given a "life estate" the house would more or less belong to you for your life, or for a period of time.

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Answered on 12/28/08, 10:17 pm


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