Mother was left our home in grandmothers will, she will only have to split profits of the home if sold with ctd..

Question

Living siblings. Executor asked for rent monthly to pay taxes and such for other apartment. (2 family dwelling). Executor has passed away now another sibling has said they are raising rent to repair home (which we live in) and we were not notified by deceased siblings wife nor given option to pay the taxes and such on our own is this legal? If mother owns the home why is she being forced to pay rent to someone who doesn't live here? No certified letters or legal papers were ever given to us. and we found out the deceased executor had cancelled home insurance years ago without informing us till almost 8 months after doing so. were were informed of the new sibling taking over by a handwritten notebook letter. what steps can be taken because this seems so much like a scam (all the rent ever paid was done with money orders as to prove it was done) we just want the deed and stuff handed over until we sell it.

John Espinosa · Answer

From your description it sounds like the property is co-owned in some way by your mother and her siblings/their heirs. All co-owners of a property are legally responsible for the expenses like property taxes. That is not "paying rent" in a legal sense since it is between co-owners, it is simply the co-owner's contribution to their share of the capital expenses. Disagreements between co-owners regarding the disposition of a property can be addressed by a special action in the Land Court called a Petition for Partition. It is a very specialized area of law so you need to find an attorney who is experienced with those cases. This resource from the trial court law libraries is helpful to show how complex the process is: https://blog.mass.gov/masslawlib/misc/petition-for-partition-of-real-estate/

Jonathan R. Roth · Answer

There is something off here. I would start by getting a copy of the deed to the property and obtaining a copy of the probate file and any applicable trust documents. It the property is co-owned, then your mother has a right to participate in the management of the property or designate someone to represent her interest.  The first thing to do is to get a copy of the title to the property-the Deed.  If it shows ownership as Tenants in Common, the next step is to determine what your grandmother's will and/or Trust required.  Once you get a copy of the Deed, the Will and relevant orders of the Probate file, I would contact an attorney. One option is to seek partition of the property, but understanding the entire ownership and management basis of the property based on your grandmother's Will is important. Likewise if your mother is a co-owner of the property, she is entitle to a proper accounting for the rent and expenses and to the extent the property may need things like a new roof, the co-owners would be required to contribute to the cost of such repairs to the common area of the property.

Lillian J. LaRosa · Answer

You have a complicated fact pattern and it is unclear if there has been a successor personal representative appointed to replace the deceased personal representative. You should engage a Probate attorney to have things done correctly and it is money well spent to avoid pitfalls of do it yourself especially where there are assets which could be impaired or lost.

Q: Mother was left our home in grandmothers will, she will only have to split profits of the home if sold with ctd..