Moorpark, CA asked in Estate Planning for Maryland

Q: Q: In the state of Maryland, after her mother has passed, if a personal representative (PR) lives in the mother's home

Q: After her mother has passed, if a personal representative (PR) lives in the mother's home and does not pay rent to the

and does not pay rent to the estate is the personal representative responsible to all pay the utilities for that home? What about if none of the other legatees agreed or disagreed with the PR living in the home? The PR made her own decision to live in the home and did it. The PR also informed the family that she wanted to buy the house (the house she is living in). Does that further make the case that the PR should pay all the utilities?

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1 Lawyer Answer
Paul E. Draper
Paul E. Draper
  • Estate Planning Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: As with most legal questions, there is generally not one correct answer for all circumstances, but is based on the underlying facts of that situation. If the personal representative moved in to your mother's home to preserve and protect it during the administration of the estate, that situation usually would not entail the personal representative to pay rent. However, the personal representative would only be able to reside in the house until it could be sold or transfer to the estate beneficiaries. Even who is responsible for paying the utilities and real property taxes is dependent upon the underlying facts. You should first contact the personal representative and find out how long that person intends to reside in the house until it is sold or transferred. If the answer is not satisfactory to you, then you should consult with a local probate attorney. Best of luck.

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