Asked in Probate for Alabama

Q: Mom died in Alabama with mortgage and no funds. Who pays and can PR be reimbursed?

My mom died in Oct of 2023 in Alabama. She left no will and has home with mortgage. No bank account funds or estate income. She has 3 living children. The bank has been notified of her death but mortgage payments still due. Siblings are refusing to help. If appointed as personal representative, can I pay the mortgage notes from my personal account and be reimbursed at some point after probate closes? Can I sell contents of home before probate closes to deposit in estate account and pay mortgage?

Related Topics:
1 Lawyer Answer
Paul  Burkett
Paul Burkett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Probate Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: This is not legal advice as to this specific question or case you have submitted but information I believe is relevant to your question. In situations like this an Intestate Probate of the Estate of the Decedent is needed for a personal representative to have authority to act on behalf of the estate and heirs at law as defined by statute in the Code of Alabama. Typically, once the intestate estate is open, permission of the court is needed to liquidate the estate property. That said you should hire a lawyer to navigate all the possibilities before you. In general, these types of cases can involve many documents a lawyer will want to view. He will need all documentation involved, including filed estate documents, death certificate, real estate deed and mortgage and the mortgage statement as well as any other debt information. Depending on the value of such an estate, you would need to decide whether the cost to investigate the status by an attorney is economically feasible based on the possible inheritance or settlement. You would want a lawyer to determine if there is any potential current or future liability to you as a result of any particular transaction or document the mortgage company or bank requires you to execute. I suggest you weigh up all costs and reimbursable expenses to have a lawyer help make the decision.

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.