Currently living in estate

[existing]

I have lived in my childhood home with my husband, two children and my step-father since 2001. My step-father passed away in Oct. 2009. My step-brother and his wife are executors of the estate. On Jan 23, 2010 they sent a letter demanding $800/mo in rent due by Feb 1st. I responded by offering to pay the taxes. They refused. I then offered $600/mo as since 2001 I did not pay "rent", but the agreement between my step-father and I was that I pay all utilities, food and other bills pertaining to household expenses. I never received a response until about 2 weeks ago when I asked for a detailed report of the estate assets and all funds paid out. I wanted to know the asking price of the house since they gave me first right of refusal. The only response I received was 2 days later from a real estate agent that my home had been listed for sale. Today I received an eviction notice in the mail. Can they evict me from a home I have lived in for 9 years with the deceased? The will gives me entitlement to 1/3 of the estate.

 

[army judge]

I have lived in my childhood home with my husband, two children and my step-father since 2001. My step-father passed away in Oct. 2009. My step-brother and his wife are executors of the estate. On Jan 23, 2010 they sent a letter demanding $800/mo in rent due by Feb 1st. I responded by offering to pay the taxes. They refused. I then offered $600/mo as since 2001 I did not pay "rent", but the agreement between my step-father and I was that I pay all utilities, food and other bills pertaining to household expenses. I never received a response until about 2 weeks ago when I asked for a detailed report of the estate assets and all funds paid out. I wanted to know the asking price of the house since they gave me first right of refusal. The only response I received was 2 days later from a real estate agent that my home had been listed for sale. Today I received an eviction notice in the mail. Can they evict me from a home I have lived in for 9 years with the deceased? The will gives me entitlement to 1/3 of the estate.

Your stepfather had a will.
In the will, you are to be given a 1/3 share of your deceased stepfather's home.
Your stepbrother is the executor of the estate.
Are the above three statements true?

My answer is predicated on the aformentioned three statements being true.

The executor of the estate has a duty to judiciously protect the assets of the estate.
You can't live "rent free" in the home.
You were given the opportunity to pay a token rent.
You counter-offered a lesser amount.
The executor refused that offer.
The executor has now placed the home on the market.
When the home is sold, you'll be given your one-third share, according to the will.
In the interim, you can fight the eviction.
You'll lose if you don't pay the $800 rent requested.
The executor is not bound by any agreement between you and the deceased.
It isn't relevant upon the death of his father.
Eventually, you'll be evicted.
It might be better to pay the $800 rent requested.
After all, it is only $200 difference between that and your counter offer.
However, the initial offer might no longer be on the table.
You should begin looking for a new place to live.
You will not defeat the looming eviction.