Q: Shouldn't my brother be paying me rent since he is continuing to live in the house after my mom's death?
He has been living off her pension for 12 years and took over her finances. We had a will done in 2006 which was 50/50 between my brother and I and in 2020 my brother had my mom do a new will giving him 60 and me 40 making him the executor and hid it from me for two years. He is selling and donating things without telling me and has kept me in the dark as to what accounts there are and bills too.
A: Since your mom owned a home, I am going to assume the total value of all of your mother’s assets exceeds the probate limit. That means your brother or you MUST file a Petition in Probate Court in order to transfer title to the property from your mom to both of you, unless title to the home was in joint tenancy. Most estate planning lawyers have access to a database that will tell you how the home is titled. There’s also the matter of transferring the bank accounts and any other assets your mother had to both of you. Your mother’s assets are NOT your brother’s to do as he pleases. You should contact a lawyer to advise you. It sounds like your brother may have breached his duty to handle your mother’s estate the way the law requires. Best wishes.
Rebecca Sommer agrees with this answer
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