I live in the state of Maryland and all property and persons involved also live in Maryland.
About 20 years ago, my grandfather passed away leaving his house and property to split between my father and his sister, my aunt. Approximately 17 years ago, my father filed his will, leaving his portion of the property to my brother and I and granting his sister a "lifetime estate" should he pass first. In the subsequent years, my brother has passed away, my Aunt sold her portion of the properety to my father to aid in getting her financial assistance. She became a tenant of the property and paid my father monthly rent to stay there. And my father never amended his will.
A little over a year ago, my father passed away, naming me as personal representative. One of my Aunt's "friend's" took her to a lawyer who told her she no longer needed to pay rent. A friend of mine who also practices law, though wills and estates are not his specialty, told me that since she was already paying rent to my father there is no need to expect that arrangement to change due to my fathers passing. That in this case she had a "lifetime tenancy" in the property, though the term "Estate" is specifically used.
All this becomes important now, because my father had a mortgage on the property and no insurance to cover the outstanding balance. What little money was left in the estate is rapidly dwindling and I need to know which answer is correct. I'd be happy to let my aunt live there free of charge, but can't afford to continue to make payments on the property once the rest of my father's assets have been exhausted.
About 20 years ago, my grandfather passed away leaving his house and property to split between my father and his sister, my aunt. Approximately 17 years ago, my father filed his will, leaving his portion of the property to my brother and I and granting his sister a "lifetime estate" should he pass first. In the subsequent years, my brother has passed away, my Aunt sold her portion of the properety to my father to aid in getting her financial assistance. She became a tenant of the property and paid my father monthly rent to stay there. And my father never amended his will.
A little over a year ago, my father passed away, naming me as personal representative. One of my Aunt's "friend's" took her to a lawyer who told her she no longer needed to pay rent. A friend of mine who also practices law, though wills and estates are not his specialty, told me that since she was already paying rent to my father there is no need to expect that arrangement to change due to my fathers passing. That in this case she had a "lifetime tenancy" in the property, though the term "Estate" is specifically used.
All this becomes important now, because my father had a mortgage on the property and no insurance to cover the outstanding balance. What little money was left in the estate is rapidly dwindling and I need to know which answer is correct. I'd be happy to let my aunt live there free of charge, but can't afford to continue to make payments on the property once the rest of my father's assets have been exhausted.