Florence, AL asked in Elder Law, Estate Planning and Probate for Alabama

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

1 Lawyer Answer
Jack T. Carney
Jack T. Carney
  • Estate Planning Lawyer
  • Birmingham, AL
  • Licensed in Alabama

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

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