My aunt is in a nursing home, my mom (her sister) moved into her house. Can my mother live there rent free?
Question by Sher T: My aunt is in a nursing home, my mom (her sister) moved into her house. Can my mother live there rent free?
I hold Power of Attorney for my aunt. My siblings are certain that my mom can live there rent free or I could just have her pay 1 penny. I heard that it has to continue to provide some revenue for my aunt. At least at fair market value. Who is right? thank you for any help you can provide.
Best answer:
Answer by duje
Ask a lawyer / solicitor to be sure.
Add your own answer in the comments!
Tags: aunt, Free, Home, House, Into, Live, mother, moved, Nursing, Rent, sister, There
Talk with a lawyer.
However, from what you say, your mother is being a cheap SOB.
She should be paying rent! And the money should either be used to care for the aunt, or go into an account for later.
If there a mortgage? If not, there are at least taxes and insurance that the aunt is paying.
Did the aunt give the ok for her to live there. If not, then she is trespassing!!! And even if she did OK it, she may not understand that it’s costing her money.
Your mom should be paying rent. It doesn’t have to be “fair market”, but it should cover the mortgage, taxes and insurance.
I’m guessing that when the aunt dies, your mom will ALSO want her “fair” share from the estate.
If she is going to live there, there needs to be a written agreement as to what she is entitled to and what her responsiblities are.
Is mom paying the water and electric? Who is paying for upkeep? Your mom should be paying these also.
I think since the home is staying in the family that your mother isn’t required to pay rent.
Not knowing any information other than the information you provided, I don’t think it is wrong that she is living there rent-free, unless your mom and your aunt don’t get along.
Also, you should look at the will and see who will receive the property after the death of your aunt. If it is not your mother, I would talk to whomever it may be and find out what they want to do.
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[...]My aunt is in a nursing home, my mom (her sister) moved into her house. Can my mother live there rent free?[...]…