I have a lease contract with a lawyer (contract is not yet signed). Anyway the house belongs to my children their father has passed away and I'm in charge of the estate. It's been 2 years since their father passed. My fiancé and I are trying to take care of everything. We were going to buy the house from the estate but things just keep getting in the way of that. Now the lawyer has this contract and we have read it but don't agree. The lawyer want us to pay the insurance and taxes on the house. Plus if the children have to pay them we have to pay them back plus 10%. I want to know if this is right or can we do something else? Who pays the children or my fiancé and I?

The persons who reside in the home, are responsible for the insurance.

The owner of the property is responsible for the taxes.

If you and the children, and your fiancé, are living in the house, then why would anyone be in any position to pay you back for the taxes and insurance?

I don't expect anyone to pay me back for my insurance and taxes?

I believe that the position in this contract is that as the adult/parent, you must provide shelter for the children until such time as they are of legal age. Therefore, if any of the children's money is used for taxes or insurance, then you are responsible to pay it back, with interest.

Sounds like a fair deal to me.

It is customary that the owner of the property pays the real estate taxes and homeowners insurance and then usually incorporates those costs into the determination of the rent. The tenant should then get a renter's insurance policy, since the owner's insurance does not cover the contents of the home but merely the structure.

Of course the landlord and tenant are always able to negotiate otherwise but if the tenant is going to be responsible for paying taxes and full homeowners insurance then there should be a corresponding decrease in the monthly rent amount.

The home owner almost always pays insurance and taxes, this amount is figured as part of the cost of the rental and the rent is always set high enough to cover this.

1. insurance, since the renters don't own the property, they can't even legally insure the HOME, the owners have to insure the home. The renters will want a renters policy to cover the belongings in the home.

2. taxes they are always in the name of the owner, I have seen a few rent or rent to own agreements that had the renter to pay them, but the owner is always the one with the actual obligation to see it is paid.

*** this makes me worry about the attoreny, I would just say no to both, the amount of those are suppose to be included in the rental amount.

Whose interest(s) does the Attorney represent? The Estate? The children? You?