Q: Sister is living in mom’s (deceased) home and she wants 2 other siblings that don’t live ther to pay 1/3 of the mortgage
My sister, her children and their father live in the home that our mother (deceased) owned. My sister wants our brother and I to pay 1/3 of the mortgage even though we don’t live there. She also wants us to be equally responsible for any and all repairs. What is fair in this situation? Should we pay, not pay, charge her fair market rent? Is there another option for a solution? Thank you
A: You don't mention who the legal owner of the home is. The estate? All the siblings? Only the sister? Recommend that you consult a probate attorney in your area.
Phillip William Gunthert and Terrence H Thorgaard agree with this answer
A: The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately the ownership of home must be sorted out and then go form there via probate, either she buys everyone out after a FMV appraisal, or the home is partitioned (try to avoid partition and reach amicable agreement).
Cesar Mejia Duenas and Terrence H Thorgaard agree with this answer
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