Previous question?

Question

I will add details from the will- the land was originally registered benami in my granny's name. but registeration of house , house tax etc,,, was in grandpa's name. Also house was bought with money given my dad's granddad equal to both brothers and little money by grandad(he pu in 30,000; 15,000 each by my dad and his bro). Also he clearly says equal bequath to both sons provided house rent from house she(granny gets).Now we are staying with her past 20 yrs taking care of her- she suddenly is asking rent- Do we have to pay her? - rest rented portion she takes rent.She is not mentioned beneficiary anywhere in will- only that rents from house to go to her and in her lifetime house cant be sold without her will.

Answer 1

if you want to stay in that house you will have to pay the rent.

Answer 2

Gosh, you need a flow-chart to follow this soap opera.

But to get to a simple answer, if I understand properly, you have lived rent-free for many years (with your contribution being to take care of granny) and now she want cash, as well.

If you don't want to pay rent, simply let her know you are moving. No arguments, recriminations or acusations. Just let her know that if she needs money that you will let her have the freedom to rent to someone else.

Answer 3

On the surface it would appear you must pay rent or move out. What is her level of mental competence. I see little reason for your being allowed to stay with her for 20 years free of charge AND NOW SHE WANTS RENT? Is she losing it mentally or suddenly realizing that you were taking financial advantage over her or her monetary needs changed substantively.

        You may want to speak with her health providers re: Mental capacity. You may need to contact Department of Social services re Guardianship/Conservatorship.

By all means involve all family members and see what is best for her. She has a right to live there undisturbed the remainder of her life.

Answer 4

My advice is she would be entitled to rent even if you lived with her for 20 years in helping to care for her. (1) You lived there without paying rent to her for 20 years and (2) you would of had to pay such if you lived elsewhere. I would contact an attorney in this legal matter, however you have to go by what the will was made out to be on her behalf. It is her right by the law. You also have the right in showing what you have invested in the twenty years you have lived there that is why you should seek more legal advice on this issue.