Q: My mom passed away. The will states that my nephew can live there till he is 20. He is 12 now.
It states that my siblings and I are to be responsible for the insurance, taxes, and a small loan on the house until his 20th birthday. He gets to live there with my sister his mother rent free. Is this legal to do? Can I be forced to pay taxes, insurance and the note for 8 years or lose my share of the home?
A: There is no way to answer such questions without a careful review of the will, the deed to the house, and all the facts of the situation. The will must be filed with the probate court and an executor appointed to administer the estate. The executor can retain an attorney to assist with the probate process, and the attorney fees are paid from the estate. Use the Find a Lawyer tab to retain a local probate attorney who can review the will and all the facts, and advise you how to proceed.
Nina Whitehurst agrees with this answer
A: You cannot be forced to pay taxes and insurance out of your pocket. The will could, however, provide that it be paid out of any inheritance that you would received. Also, if the house is to be given to you in 8 years, then it may be in your interest to make sure it doesn't fall into disrepair or fall behind on the taxes. Mr. Jaap is right that you need to have the will reviewed by an attorney before developing any opinions because this could have been setup in a number of different ways.
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