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I don't know how to refute a baseless argument that the Personal Representative of my Mother's Estate is alleging.

Columbia, SC |

My Mother's Estate consists of a beach house. The PR of the Estate is attempting to bill me for usage of this beach house. The PR is attempting to introduce electricity bills in order to prove that someone must have been occupying this beach house. The PR's theory is that an electric bill above an amount of $100. proves that someone was occupying the beach house. The PR further contends that I must be the one who was using the beach house because I was working in the area. The PR has no other evidence.

Attorney Answers 3

Posted

By calling the allegation "baseless" I assume you didn't stay at the house. In any event, to protect yourself you need to retain counsel. Good luck.

Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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Posted

Stand your ground. If it was not, in fact, you who were using the property and thus incurring perhaps a small expense for electricity usage, say so. The executor will probably ultimately consider whether to deduct the electricity cost from your share of the estate, but it is quite unlikely that, in the face of opposition from you that he or she will actually do so, because, in the end, the battle involved may cost the estate more than the sum at issue. If you wish to be proactive, you can hire an attorney.

Good luck to you.

Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.

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Posted

Attorney Haber has given you wise counsel.
Either defend yourself or admit your using the property.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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