Q: My mother passed away 17 months ago from complications of Alzhiemers. I was her caregiver and still presently reside in

her home, while trying to recover from P.T.S.D. due to 2 years of 24/7 caregiving with zero assistance from any of my 5 siblings. She had a trust. I am one of two (2) executors on her trust. Now the other executor (my half brother) is filing suit for me to pay rent from the time of her death and also to have me removed from the trust as an executor. May I also add, I have lived at my mothers house and attempted to run a small business from there while taking care of her for approximately 18 years. What rights, if any, do I have?

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Estate Planning Lawyer
  • Columbia, TN
  • Licensed in Tennessee

A: Sorry, but there is no easy answer. You don't have any rights by virtue of having lived there so long ( this was simply by consent of your mother- she could have charges you rent if she wanted to, but apparently she didn't) .

Now that she has passed, the terms of the trust will control, and no lawyer can advise without reviewing that document. I assume there was no written contract or agreement between you and your mother that addresses your care or services for her. If so, that contact would also be very important. I strongly suggest you consult an experienced probate/estate administration attorney as soon as you can.

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