Q: My mother passed with a will instructing executor to sell condo as soon as practicable and divide proceeds evenly.
It’s been over 2 years. Executor is stepfather who still lives in condo. Condo was in my mother’s name only no mortgage. He and I are beneficiaries. He waited 9 months to put on market and has not dropped the price accordingly. I am losing my own home due to this delay of asset distribution. He is currently paying for all expenses currently and He believes I should be held accountable for 1/2 of expenses since the date of her death though he is living there. I have asked him to buy my share out but he refused. He wants to move to Florida but is not really being aggressive to do so. What are my options? This should have been settled over a year ago and I’m in dire straights.
A: It would make sense to hire an attorney or at the very least write a letter to the Probate Court. You are in a tough situation that is not black and white. Generally the court is ok with someone staying in the home for about 6 months. After that it becomes rather inappropriate. As to the split of the living expenses during that time it again becomes unclear. It is arguable that he should be paying the fair market value in rent. I suggest you reach out to an attorney for a consultation.
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