Follow
Share

After death, who then is responsible for “maintaining” the home? Specifically, until the home is sold, etc., who is responsible for paying for utilities, security systems, trash pick-up, home owner insurance, property taxes...or any other bill that would come due until such time as the property is sold, and from what account?

This question has been closed for answers. Ask a New Question.
Renting out a single property that is “Estate Of” status may be more trouble than its worth unless the Estate has all sorts of other income producing assets imho.

Assuming that your going probate route, probate basically divided into assets of Estate & claims / debts of estate. If all there is for assets is that house and whatever $ left in a bank accounts, it going to be pretty straightforward to determine Assets of Estate, have it entered & approved by judge. But if there’s rent, then every month Assets change as that rent is income / asset of the estate. And Assets must be updated & filed with court. Renting is going to need all sorts of reporting, taxes paid, perhaps permits done plus change in property insurance. Insurance could be scary expensive as a traditional homeowner policy cannot be written; a vacant dwelling policy can’t be done either. It’s going to be some kinda speciality property underwriting done. You kinda have to have insurance too cause if there’s an issue, heirs can come after whomever is executor for not having asset properly covered.

This is why often there’s what seems like an abandoned house is actually a property left vacant, not rented so it stays a static asset of an estate within open probate. Executor then just has to deal keeping up with debts of Estate against a set figure for Assets.
Helpful Answer (3)
Report

Thanks for a great idea but lot to be done before house could be rented. This may help start a conversation with mother about the 'what ifs'. No one in the family lives nearby. In the meantime, just need to be aware of all those little things that need to be tended to short term - incoming mail, rerouting phone calls, pet care, etc. Things easily overlooked while dealing with shock of losing a family member. Hoping that Mother lives to enjoy many more years! I know, minor stuff compared to what some of you are dealing with.
Helpful Answer (0)
Report

I would consider renting the house on a month to month basis to cut down on the overhead. That would at least allow you to figure things out. As soon as Probate is open and an administrator (no will) or executor (with will) is appointed, that person now has ability to handle all financials. Copy of death certificate with copy of court appointment opens a new bank account and all financials are now deposited into new account.
Helpful Answer (0)
Report

Thanks for the insight. I remember my father mentioning, repeatedly, that upon his passing we had to immediately contact his pension office (Royal navy). I did, and they were very helpful. But it also makes me realize there are other details that need to be taken care of when mother passes, especially regarding the oversight or protection of her house, etc., until it would be sold. Difficult to get that conversation started...and I hope she enjoys a long life! But the uncaring, although perhaps ‘legal’ attitude of what happened when neighbors moved out tends to make me wonder what details need to be addressed and likely quickly. They are not in the best neighborhood although neighbors do keep an eye out for each other. Dad was always into details and I guess some of that rubbed off on me.
Helpful Answer (0)
Report

A will does not usually go into such specifics, but it gives the executor or the executrix the authority to deal with the question that you proposed.
Helpful Answer (1)
Report

JLyn69, the "Estate" pays for all those things that you mentioned. Once the Will, or no Will, goes into Probate, then the Court assigned someone to represent the Estate.

If there is no Will, the County/City might choose whomever was the Power of Attorney. That person goes to the bank and changes over the deceased accounts into one "Estate of______" account, to which checks are written. Copies of all bills and checks need to be kept for Probate accounting.
Helpful Answer (0)
Report

This was just a hypothetical question that crossed my mind. There would be a will but I did not know if it would normally delve into such specifics. We once had neighbors who “moved out” with no notice. Although that had nothing to do with a will, it was a year that was very hot and wet. Utilities apparently were shut off. The basement flooded. Once a new owner came into the picture, haz mat was involved tearing out a major portion due to mold and other ruin. Apparently the mortgage company was “not allowed” to even see that minimal electricity was kept on to run a sump pump. Derelection of duties or lack of common sense perhaps but lots of expense involved that might have been avoided. That situation was what made me wonder who does what when the owner dies and house is then occupied.
Helpful Answer (0)
Report

If there is no will u go to the Surogate office in ur County seat. You ask to be administrator. This will help the person to get to funds to take care of the house and sell it. If no money than the administrator will need to pay out of pocket and recoup money when house is sold. If the adminstrator is not willing or can't keep up bills, everything will need to be shut off and taxes not paid. Taxes will need to be paid at closing.
Helpful Answer (2)
Report

Is there a will and do you know where it is?
Helpful Answer (1)
Report

If there’s a will it would be the executor named in the will using funds from the deceased estate. No will, then would depend on many factors.
Helpful Answer (5)
Report

This question has been closed for answers. Ask a New Question.
Subscribe to
Our Newsletter