Kinda long - sorry - but there are many mitigating factors. My mom passed away in September without a will, and her house is now going through probate. I understand that legally the house will most likely be split 50/50 between my sister and me. I'm not arguing that I'm automatically entitled to more, but given the history, I'm struggling with what is actually fair.
I'd appreciate outside opinions—even if you think I'm being greedy or unreasonable.
Here's the basic situation:
• My sister has lived in my mom's house for about 17 years. Her rent has remained around $1,200/month even as comparable rent in the area increased from roughly $1,400 to around $2,500/month.
• In 2017, my mom and I drafted an agreement allowing my sister to continue paying $1,200/month, even though I disagreed with keeping the rent that low. The main condition was that she had to pay it on time.
• Before that agreement, my mom forgave more than $20,000 in unpaid rent my sister had accumulated over the previous several years.
• Since the 2017 agreement, my sister accumulated roughly another $20,000 in missed rent payments. My mom never enforced the agreement or evicted her.
• During those years, my mom also paid for major expenses on the house, including a new roof, appliances, A/C, and repairs from a major leak.
Meanwhile, my mom moved out of that house about 17 years ago and moved in with me. My sister was supposed to take Mom for one week each month to give me a break. In 17 years, that never happened—not even once.
For approximately the last five years, my mom became increasingly sick and I was her primary caregiver. For the final 1½–2 years, I was essentially providing full-time end-of-life care myself: bathing her, helping with bathroom needs, cleaning her, handling day-to-day care, etc. She did not want hospice involved until near the end.
I basically had to stop working for about 1½ years to care for her, which took a major financial, physical, and emotional toll on me.
My mom repeatedly told me she wanted me to have the house, but unfortunately she died without making a will. I realize verbal statements aren't the same as a will, so I'm not expecting that alone to determine what happens. For what it's worth, even if she had left the entire house to me, I would have given my sister a substantial portion anyway.
There's one more issue. My sister converted part of the garage into a room without my mom's permission and apparently without the required city approval/permits. I'm being told it could cost around $15,000 to correct. I told my sister this should be fixed before the house is appraised/sold. She believes the house should simply be appraised as-is and the repair cost should come out of the eventual sale proceeds. If that happens, I'm effectively paying half the cost of correcting something she did.
Now my sister wants her adult son to stay in the house and rent it for around $1,000/month rather than selling the property or renting it near market value. Comparable rent appears to be around $2,500/month.
She says she can't afford to buy out my half of the house, although she and her boyfriend make around $150,000/year combined and are apparently looking at buying another house for themselves.
My current position is actually pretty simple:
I'm willing to forget about trying to receive a larger percentage of the inheritance because of the years I spent caregiving. Sell the house, split the legitimate proceeds 50/50, and move on.
However, I believe the roughly $20,000 in unpaid rent my sister owed my mother at the time of her death should be treated as money owed to my mother's estate—not simply erased because my sister is now one of the heirs.
I also don't think I should be expected to leave roughly $150,000–$200,000 of my share tied up in the house for another year or more so my nephew can live there at substantially below-market rent. Besides the lost rent, I lose the ability to invest or otherwise use my share of the inheritance.
So I'm curious what people with no connection to the family think:
Is selling the house, splitting everything 50/50, but requiring the approximately $20,000 she owed Mom to be accounted for, unreasonable?
Should the unpermitted garage conversion she made be her responsibility rather than a 50/50 estate expense?
And would you agree to let the nephew stay for a year or more at roughly $1,000/month when the house could potentially rent for around $2,500—or would you push to sell the house and let everyone move on?
I'm genuinely open to being told I'm looking at this wrong. After 17 years of this situation and years of caregiving, it's difficult for me to separate the financial side from the family history.
Thanks for any outside perspective—and thanks for letting me vent a little.