rent from decedent's property

[alycat]

My Mother died intestate in Oregon (resident) last December, 2007. I have resided in a condo that she owned in California, and have paid her rent, of a certain sum, for years. My brother has been appointed Administrator, and while he had told me last December that I "wouldn't have to worry about paying rent," he is now trying to collect accrued rent at ~1.5 times what I was paying to my Mom. He has attached this as income to the estate, without my knowledge or consent; the idea being that the accrual will be deducted from my half. I understand that the estate can expect rent from real property, but without a contract or agreement as to the sum? Is this legal? Is this matter considered an Oregon or a California issue (we are in probate in both states)?

 

[lwpat]

Is the rent he is charging you fair market value?

 

[alycat]

presumably, yes.