Is the personal representative responsible for keeping up the homestead and it's bills until it sells? Can he charge mileage?

Asked over 1 year ago - Jacksonville, FL

The PR (family friend) says he is not responsible for maintaining my mother's home or paying the mortgage and utilities. He says there is not enough cash to pay the attorney, court and PR costs, let alone keeping up the house. He says the house is the heirs' responsibility. Do we have to pay the bills and maintain it until the heirs can sell it? Isn't this job part of what we're paying the PR for?

Also, can the PR charge mileage? He also lives out of town. He wants to be paid for coming in town for estate business (on top of his fee).

Attorney answers (4)

  1. Seril L. Grossfeld

    Contributor Level 10

    4

    Lawyers agree

    Answered . Your mother's home is a difficult problem since technically it is not an asset of the estate and belongs to all the heirs of your mother, but unless abandoned by the personal representative, the personal representative should be either preserving it or attempting to sell it if it is a burden. You should consult an attorney who practices probate and real property law to better understand your options at this point. Also it is somewhat unusual that the personal representative is not a family member and lives out of the area. You can consult with your attorney about the personal representative and his/her duties and responsibilities as well.

    Answering this question is for educational purposes only and is not intended to establish an attorney client... more
  2. James P. Frederick

    Contributor Level 20

    3

    Lawyers agree

    Answered . It may be the PR's job to do this, but if the estate is insolvent, then paying the bills is not the PR's responsibility. The administrative costs are paid off the top of the estate and if there is not enough money in the estate to maintain the home, then the beneficiaries, or some of them, need to pay, or the home can be lost.

    The PR is entitled to reimbursement for costs, which would normally include mileage.

    I am sorry, as I expect that that was not what you were hoping to hear.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  3. Donald Joseph Quinn II

    Contributor Level 15

    3

    Lawyers agree

    Answered . Why not sell the home to pay the costs and avoid additional expenses that the estate cannot afford?

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of... more
  4. Eric Jerome Gold

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Attorney Frederick is correct in his analysis. It is probably not what you wanted to hear, but the PR is not responsible, personally, to cover estate expenses.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

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