If One Adult Child is to Live in the House I Split Between Two in a Will or Trust, Is a Rent Payment Required?

Upon the death of the Maker, the assets of a Will or Trust become the property of the named beneficiaries.

A Will cannot dictate in any way how an asset must be used or treated after that distribution.

A Trust can dictate distribution and treatment to a greater extent, but such details must be spelled out clearly within the documents. Otherwise, the beneficiaries own the asset per the split indicated and may make decisions on the use of those assets accordingly.

Of course, the beneficiaries can always negotiate directly amongst themselves on an amenable use…