Q: Both my parents passed away this year. In their will I am to inherited their home which has a $40,000.00 mortgage.
I moved out of my home to care for them in 2015. I continue to live in the house while the will is being probated. I want to know who pays the mortgage, insurance, home owners association fee, lawn care, termite bond, pest control, and utility bill during this time. I live in Alabama. Thank you, Beth
A:
I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may require you to pay rent in order to offset those costs. That would be a reasonable request. I am guessing that there may be other parties involved (like siblings) and therefore the payment of expenses is probably an issue. There are cases where we have made an agreement with the person living in the home that they can stay there rent free if they assume some of the day to day expenses and agree to "keep an eye on the place." There are many advantages to keeping a home occupied. I would encourage you to speak with the attorney who is helping you probate the Will. Good luck!
This response is general in nature and is not intended to be legal advice upon which you can rely, nor does this response establish an attorney-client relationship.
Norma McCord Wells agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.