Evans, GA asked in Probate for Georgia

Q: Should my brother pay back rent to the estate? He’s been living in my deceased grandparents home for over two years.

My brother has been living off my grandparents for several years. When they passed away, they did not leave the house to him. The will states that their assets be divided 50/50 among my brother and myself, including the house in which he’s continued to live in for free. He’s paid no rent to the estate over the last two years and feels he owns the house out right because he’s installed a new heat/air unit, roof, etc. He believes the judge will rule in his favor. We are waiting for a court date to settle. Will his argument stand in court?

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1 Lawyer Answer
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: It is very difficult to give you an answer to a question that is pending in court right now. You and your brother have all sent lots of papers to the court to review. You posted a simple question here. Rent may well be owed, but it will be offset by repairs and additions to the house that improved the value of the home.

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