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Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.
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I am sorry for your loss to hear of this difficult situation.
Did the Will give him a life interest in the home?
Who is the executor?
Did your brother pay rent to your mom?
I don't have great news.
Your brother doesn't get to live in the house if your mom failed to give him a life interest.
He also doesn't have a bigger claim than anyone else unless he can show that what he contributed in terms of renovations etc was greater than what he would pay for fair market value rent for 1/2 the house.
He doesn't get credit for taking care of your mom unless there was an agreement that says he did.
Do you see what I mean?
He has to find what other houses of this size and state in the same area of the city rent for. He would pay half.
So if he adds that up for 5 years and then also adds up what he paid towards the value of the house he will see if he is ahead or not.
Do you feel you have a better understanding of the issues now?
No you are right.
The Will will dictate almost completely. But if he wants to make a claim for an interest based on contributions to the value of the house the court will look at his contributions but will also consider the benefits that he received which is living there rent free.
It won't likely be accounted for because there had to be an agreement that your brother would be paid back.
But she didn't give it to him. She had to change her Will but she never did.
He can try and prove the reason why he lived there and did all this for free is because he had been promised the house. Hopefully that would get him something.
This is a terrible time for everyone.
At least your brother has you. He is very lucky.
I hope this works out.
You are very welcome.
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