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The heirs are asked to make payments mortgage gas electric before being granted the title of benificiary of the house ?

Crystal Lake, IL |

Does a attorney usually ask you to pay a house off? In the hopes that someday It will be yours

Attorney Answers 4


  1. No. This is odd. If the owner of the house has passed away, the estate should be paying the utilities. A decedent's estate should be opened and creditors paid through the estate. Please consult in person with a probate attorney. There are not enough facts here to guide you. No one is an heir until the grantor has died.


  2. Could it be that the estate does not have cash to make these payments and the attorney has a timeline before the deed can be transferred?
    The attorney might be trying to save the house from going into foreclosure or late\fees.
    You just ask the attorney why this is necessary>

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  3. This is an unusual situation, but it's possible that the estate does not have any liquid assets, so the beneficiaries are being giving the opportunity to save their inheritance. The personal representative should confer with the attorney on this issue.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  4. I agree with my colleagues. I have seen this kind of thing happen before, when the estate is insolvent. At that point, the choices are usually 1) go to the heirs and ask them to make the payments; or 2) fall behind and risk foreclosure of the property. If the estate in your situation has assets, then this request would not be appropriate, and you should seek legal advice right away.

    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!

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