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Jane64

I think Im being screwed... help!

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My sister and I inherited a house together. The plan was to rent the house and share the rental income. But she moved in instead, without any consultation. She claims she can do this legally and she does not have to ask my permission to live in the house and she is not required to pay me any rent. Is this true?
She has occupied the house for the last 8 1/2 years and has failed to get the property transferred out of my deceased fathers name.

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The house was willed to both of us. My sister is the executor of the will and she has not had to house tittle transferred into our names, it is still in my fathers name. There is no mortgage it is paid off. My sister has been paying the property taxes the last 8 years while she has resided in the house.

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Until the will is probated and the property properly transferred to the two of you, neither of you own it.  Once that happens, since it belongs to both of you, you have equal rights to inhabit the property as well as equal responsibility to pay the taxes and maintain upkeep.  Consult local counsel. 

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On 11/26/2016 at 0:49 PM, Jane64 said:

My sister and I inherited a house together.

 

According to your other post, you haven't inherited anything yet.

 

 

On 11/26/2016 at 0:49 PM, Jane64 said:

she moved in instead, without any consultation. She claims she can do this legally and she does not have to ask my permission to live in the house and she is not required to pay me any rent. Is this true?

 

In your other post, you indicated that title is still in your father's name, so the house is owned by your father's estate, which you said hasn't been probated.  Therefore, the house is owned by the estate, but there is no executor or personal representative to enforce the estate's interests.  That being the case, it's not strictly illegal for your sister to live there without your permission.  As far as payment of rent, once probate is started, the executor/personal rep may be able to pursue your sister for the property's fair rental value.  How far back that could go isn't clear at this point, but it almost certainly won't be the entire 8 1/2 years.  As I indicated in response to your other post, you need to get a probate attorney on board ASAP.

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