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

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. 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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. 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 Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less


  3. 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 relationship


  4. 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 relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con