[mariek04]

Shortly before my mother passed away she changed to name on the deed to her four adult children. Mortgage is paid. The house has rental income, which was immediately rented after my mother's passing. (which is enough to cover the taxes, insurance, heat, water etc. etc.) Since my mother has passed, the oldest sibling became executor. I live in the other apartment which I have been paying 1200 a month in order to help my mother out when she was alive because she lived in the apartment which was rented after she passed. I asked the "executor" if my rent could be lowered since there is rental income and he said sure, $200 off. Since we all own the house, what is the deal with that? Control freak or ignorant executor?

[JudyKayTee]

This, from what you've said, has nothing to do with your mother's estate IF she changed the deed to the four of you BEFORE she died. The four of you owned it at her death. I have no idea why you would pay rent on a house you own to the former owner - your mother.

The four of you own it jointly. If you cannot agree on expenses and income then one of you will have to ask the Court for assistance - and not probate Court.

I'm not sure where the ignorance lies.

(You didn't inherit the house. You owned at at the time of your mother's death.)

[AK lawyer]

As JudyKay Tee notes, it's not a matter of an ignorant executor, it's an ignorant you. Apparently, after your mom gave the house to her children, you continued to pay "rent", to your mom and then, after she died, to her "executor". Why wouldn't he say "sure"? You are giving him a gift each month.

If, by the way, your mom left property in her estate, not this house the four of you own, there might be a need for an executor (or personal representative). But unless there was a will and he applied to the probate court to be appointed PR and administer the estate, he is not an executor.

[ScottGem]

Any income earned by the property goes to pay its expenses. Anything left over should be spread equally among the owners. Unless there are 4 units then you owe rent to the other three owners.

[joypulv]

As the one living in the house, it would make sense that you should be the one collecting rents including your own (after all agreeing on an amount), paying bills associated with the house, and distributing the profits 4 ways. If you 4 can't agree on this, and the oldest wants to take charge of everything, then you have a fight on your hands. It's all outside of probate and the will. Your choices are to get everyone to agree on terms, give in to the oldest brother, or force sale of the house in court.

[mariek04]

OK, so I'm ignorant. But I do have a heart. My sister moved in with her to help take care of her, she paid no rent. And still isn't. (which upsets me to no end) The "rent" I paid to my mother was paid as a way to help my sick dying mother pay bills. I am just thinking now, why I am paying rent, IF my sister who helped my mother out and took care of her didn't pay rent. The income from this rented apartment goes into an account in the Estate of xxxx, which pays the insurance, heat, water, etc. I just want to know if I should still be paying rent while my sister is not, although my brother has told her that she has to pay rent very soon.

[joypulv]

If income is going into an estate account, then something is not right - is the deed a realty trust? Or 4 names as you said?

[mariek04]

I guess what I am saying is that the one rented apartment income covers all bills associated with the house with very little left over for distribution 4 ways... However, my rent and what will be my sisters rent would be the profit here to be distributed 4 ways, and I am feeling that this is not really fair. Am I wrong about feeling this way?

[mariek04]

Perhaps I should get the exact details before I ask these questions..

[mariek04]

joypulv: From what I understand the house was put in our 4 names on the deed.

[mariek04]

Oh and I forgot to tell you that the oldest brother's wife does not work and he's looking for ways to make extra money...

[joypulv]

Until we know the wording of the owners of the house exactly as shown on the deed, we are spinning our wheels.

[mariek04]

OK I will find out and be back tomorrow. Thanks everyone. Have a good night.

[JudyKayTee]

You don't even know what you're asking!

This is not about paying rent. This is about resentment toward your family, including in-laws who do not work.

This is a question for the relationship and/or mental health board.

[mariek04]

And thank you especially JudyKaytee for all your help. You've been the most kindest of persons. (NOT)

[ScottGem]

Perhaps I should get the exact details before I ask these questions..

Yes because clearly something is not right. If the property was deeded to the siblings before your mother died, then it is not part of the estate and the income should go into an account that the 4 siblings are owners of to pay the bills.

Whether the property belongs to the siblings or is part of the estate, either way, if the property is being occupied by one or more of the siblings then those siblings should be assessed a fair rental that will go against their share.

Its really unclear what this property consists of. It sounds like there are at least three units. The one that your mother (and now your sister) occupied, the one you occupy and another unit that produces rental income sufficient to cover the expenses. There may be more but you really haven't made a lot of sense.

But lets say, there are 4 units, two 1 bedroom units and two 2 bedroom units. Lets say the fair rental on the 1 bedrooms is $1200/month and $1600 for the 2 bedrooms. Your sister occupies one of the 2 bedrooms and you have one of the 1 bedrooms. So the property should be generating $5600/month. Lets assume that the property requires $3600/month to cover expenses. That means each sibling should be getting $500/month in profit. That means the sibling in the 2 bedroom owes the other $1100/month.

That's just one possible scenario based on guesswork from the little facts you have provided. So now you can go and find out what the real facts are so we can provide answers less based on guesswork and more based on reality.

[joypulv]

OK I will find out and be back tomorrow. Thanks everyone. Have a good night.

I'm hoping you come back. Take your lumps on the Law boards when you bring side issues into a legal question. I for one am curious about what the deed says.