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Wills, Estates & Trusts,
Probate

Oct. 15, 2025

Piecing it together: Why heirs share homes, not rent obligations

See more on Piecing it together: Why heirs share homes, not rent obligations

Kirsten A. Brown

Manning & Kass, Ellrod, Ramirez, Trester LLP

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Piecing it together: Why heirs share homes, not rent obligations

Although it may seem straightforward, disputes over rent often arise when beneficiaries occupy property during the administration of trusts and estates. This article argues that beneficiaries with a vested interest in the property do not owe rent and have the same rights as a co-tenant/tenant in common. Common scenarios include a surviving spouse living in the decedent's home while out-of-possession children or stepchildren request rent, or a child occupying property while out-of-posse...

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