[WSBAPT] PR obligation to charge rent?

[Diane J. Kiepe]

I have used this strategy of allowing someone to remain in the house as a benefit to the estate - 6 months is certainly different then 6 years and reasonable in my opinion.  I would have the utilities and such paid back to the estate to the brother if the Brother A had not paid them.

However, one idea, to cover the PRs position is to petition the court for final distribution (which would not include a charge for rent).  A PR, under the right circumstances does not have to charge rent, in my opinion.  I would not be scared nor bullied into making a charge of rent (which by the way - B would only get 50% of after the expenses that A can show he paid for improving; working on home post death).

Good luck.

Diane J. Kiepe

Diane J. Kiepe
Douglas Eden
717 W. Sprague Ave.
Suite 1500
Spokane, WA  99201
djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>
509-455-5300

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of susan at pepetersonlaw.com
Sent: Friday, October 8, 2021 3:59 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] PR obligation to charge rent?

Hello listmates, I've seen a lot of discussion lately about using rent as the "stick" to remove an unwanted child/beneficiary from the decedent's home, but what about the opposite scenario?  HC is the PR for his brother's estate pursuant to a will naming him with non-intervention powers.  Decedent had two adult sons who do not get along (hence the will that names HC as PR).  Brother A lived in Dad's house for several years taking care of Dad and the house, etc.  Dad dies, and Brother A resides in the house with the blessing of the PR while it is being prepared for sale.  Note that there was significant work performed by Brother A while he lived there post-death associated with clearing out and cleaning the home so it could be placed on the market.  All told, Brother A lived in the home for less than 6 months following Dad's death (the house has since sold and Brother A moved out in advance of the closing date).  The PR feels that Brother A's living in the home was a net benefit to the Estate due to the work he put in to get it ready for sale, etc., and therefore,  PR has no interest in charging Brother A rent for his staying in the home.  Brother B is demanding that the estate charge his brother rent and is threatening action if the PR declines to do so.  Obviously, PR has a fiduciary duty to the estate and both beneficiaries, but does that mean that he is obligated to charge rent in this situation?   Is it enough for PR to simply tell Brother B that, in his opinion, the benefit of the work Brother A put in was more valuable than any rent the Estate could have received?

Susan E. Spuller
Attorney at Law

Law Office of Paulette Peterson, PLLC
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Bainbridge Island, WA 98110
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Fax: 206.678.0105

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