Legal Question in Wills and Trusts in Alabama

Mom died with no will in the state of Alabama. She has a house with a mortgage and a car only. Probate has been opened in Alabama, Sept 2023 and I am the personal representative. Can I sell contents of house (furniture, etc) to help pay mortgage until house sells?

The six month creditor period will end March 2024.

If we can’t sell contents, can I pay mortgage from my personal bank account and then be reimbursed before probate closes?


Asked on 11/21/23, 9:22 am

1 Answer from Attorneys
Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your mom.

Yes, as the personal representative you can sell mom's personal property and add the net proceeds of sale to the estate bank account. Avoid potential future problems by asking mom's other children if they want anything, and make sure everyone knows what's going on. You're not required to do this, but you can avoid possible problems in the future by being transparent. And keep good records. You can be reimbursed for whatever personal costs you incur protecting the estate, such as paying the mortgage and water bills and keeping the yard clear.

Once again, please accept my condolences on the loss of your mom.

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Answered on 11/22/23, 5:02 pm


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