Legal Question in Wills and Trusts in Virginia
Do heirs have to pay condo fees of decease before probate
My brother, executor of my mom's estate, is asking me to help pay all the condo fees, funeral fees, etc. of my mother who died four months ago. She left a condo worth about $230,000 but it hasn't sold yet. He didn't validate her will, go to probate or record the death certificate for 4 months and was paying all of her bills from her social security checks, etc amd a small mutual fund which is now depleted. He now has validated the will and finds he has to notify social security etc...so now no more checks and we have to pay them back. Shouldn't these bills be paid when condo sells or at probate? Are we as heirs responsible
to pay these bills now?? As executor didn't he make a mistake not validating the will, recording death certificate and notifying creditors right away?
1 Answer from Attorneys
Re: Do heirs have to pay condo fees of decease before probate
Based on your description of the facts, your brother has violated the Probate law in several respects. The will should have been filed in the county of the deceased's residence and probate initiated by requesting the court to admit the will and appoint a personal representative (FL) or executor. Of course, Social Secuity Admin should have been notified. As a relative or even an heir or beneficiary of the deceased, you have no legal duty to "loan" money to the estate for any purpose. Advice: you and your brother obtain an attorney to initiate probate and distribute the property according to the Will. If the condo is in her name only, you cannot sell the condo without approval of the court. Depleting the assets of the estate without legal authority, even to pay estate bills, is improper. That is the purpose of probate. First step: find an attorney.
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