tenant at will is my brother, two family, disabled vet suddenly suffering PTSD, my Mom's will states property must be sold and distributed among heirs. My Mom's will gave him an additional 6 months after her passing but he was responsible for all fees...he has paid 0...:-() HELP!Its been just about a year, my Mom's estate is paying all fees and costs associated with the residence, My Mom's will clearly defined all fees as his responsibility...he is seeing a VA doctor defining his PTSD (plan B) we are trying to accommodate him but due to his bad credit he is unable to secure a mortgage. what are my rights as an heir?
Your situation is unclear and understand fees, costs, and taxes are not "rent". If rent is owed and not being paid, the tenant can be evicted, regardless of whether they are a relative or heir. It is the Executor's duty to administer the estate, including collecting the rent, evicting non-paying tenants, and/or selling the house pursuant to the terms of the Will and its proper administration. The executor's attorney should be overseeing this and making sure it happens.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
Get a consult w/ a local estate attorney. The nature of your brother's disability is unfortunate, but not really material to the estate. The estate administrator owes a duty to the entire estate, not just one unfortunately disabled heir....
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