(Back story for context: 6 adult siblings, eldest son "J" is executor, my husband "Dh" is the 2nd eldest, total estate and home are in control of J w/total value at 565,000. Dh and I hold power of attorney over all care expenses and liquid assets)
MIL had advanced dementia and when her live in daughter/caregiver "K" suddenly abandoned her duties, left he state passing care to H&R (sister& husband) The following week h&r asked dh&I to relieve them for a few hours, we agreed. They ghosted us for nearly 3 weeks, stating they changed their minds, suggesting MIL be moved to a home. Dh and I took on the role, turned our whole lives upside down, dropped everything including our home and moved our family of 4 into the home with DH becoming her full-time paid caregiver. MIL peacefully passed away 2 years later. Upon her death, Probate began, DH &I disbursed the cash inheritance evenly between all 6 siblings. At this time all 6 agreed to sell the home and split the proceeds. Until this time dh&I would remain in the home until the sale. No rent was ever discussed or requested. Just that we maintain the home and help facilitate the sell as needed. k moves in without our permission 1 month after mil death stating she was 1/6th owner. After 1.5 yrs of living with her, covering 90% of the expenses and still no discussion or plan from J to sell dh & I moved out. K stayed in the home, also paying no rent. 6 months later the home finally sells for just under 400k. It has been 3 months since the sale and we are being told that in 2-4 weeks we each will get a letter with detailing the disbursement and the total amount we each will be recieving.
Since the sale J has begun implying that the 1.5 yrs of back rent we didnt pay will be deducted from our share of the house. Keeping in mind that we personally financed & completed major repairs, upgrades and remodels ourselves solely to increase the value and ease if sale of the home.
My question is, what is our legal rights on this? Can he seek compensation for rents he never requested in the first place over 2 years after we took some possession of the home? If yes, than would he also have to then seek the same from Sister in law who moved in and also did not pay any rent?
If he legally can do this, would he not then be taking on a landlord role making him responsible for the major repairs and upgrades we did oursepve allowing dh &I be seek similar compensation for any of the labor or funds?
It was my understanding that if a landlord does not seek financial compensation for the use of a property at the beginning of the tenancy or within a reasonable time frame shortly after they cannot then seek it for rent arrears down the road?
You certainly did not have the right to free rent, and any repairs you made should have been approved by all the owners in advance. You also did not have the authority to disburse any funds as POAs end upon death, so as was mentioned above, you guys really blew that big-time.
Talk to a lawyer and see if it's worth his fees to get this straightened out.
1. You should have been paid for caregiving. "free" housing is NOT legal as full compensation for caregiving. (I am sure this is what the rest of the family was thinking that your "free" housing was payment for care giving)
2. ANY repairs on the house should have been detailed and receipts kept so that compensation could be made.
3. Once MIL passed away fair rent would have been expected. And had you paid rent at the start rather than "free housing" while being caregivers this would not be a problem.
4. If you sold your previous residence that money is yours to find and purchase new housing.
(If you kept your previous house while you were actively care giving you will have been maintaining 2 households not a wise financial move In my opinion)
If rent is being sought for the time you spent in the house then yes it is fair that anyone that was living there should pay the same rent. (amount in my opinion would be what it cost so mortgage and property tax, the idea is to cover the cost not to make money)
It is a shame that $$$ comes between family members.
For harmony in the family, if you wish to keep peace I would not make waves about this.
My son is an attorney and he often just tells people the straight up truth: he charges a LOT because he works hard for his clients. Some have cases that will not result in them being either 'happy' or 'made whole'.
For the sake of peace, I'd take my check and walk. Life's too short to have this hanging over your heads, and it sounds complicated enough that it isn't going to be solved quickly.
You and you husband do not have power-of-attorney. That ended when your mother-in-law died. You and your husband should *not* have distributed any estate assets or money. That is for the executor of the will and/or estate (oldest sibling J) after correct probate procedures have taken place.
All of you need appropriate attorneys to sort out this mess.