A family member is living in the deceased’s house

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It is very common that a family member or friend is living in the deceased’s house for a period of time after the deceased passed away. Unless the heirs come to an agreement with this person, the person residing in the property owes a fair market rental rate for their stay. Even if they are not paying on a monthly basis, it will be subtracted from their share of the estate, if any. 

This can also raise problems if the deceased was also living in the home at the time of his or her death and left personal possessions there. The person living in the home may claim that those possessions were gifted to him or her, when in reality, they are property of the estate that should be sold and/or split among the heirs.

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