Asked in Probate for Maryland

Q: Can my sister charge me rent as a beneficiary in a 50/50 undivided inherited house before it’s titled in both our names?

If I move out to I have to pay utilities I already pay electric bill but plan to move out soon

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1 Lawyer Answer

A: The property is owned by the estate, not by you or your sister, despite the fact that the Will or the law of intestate succession directs the property be deeded to you both at some point in the future. Until that happens, you are occupying estate property. The PR of the estate, your sister, has an obligation to manage and preserve the assets of the estate, and either sell the property and collect the net proceeds into the estate account to pay estate administration expenses before distributing the balance to the heirs, or deed the property into the names of the heirs. If during the estate administration, the PR deems it beneficial to rent out the property to bring income into the estate, then she has that right. The income is not hers, however, and must go into the estate account for distribution to the heirs and for application toward the administrative expenses. You can refuse to pay and refuse to move out, and she can file for your eviction.

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