Legal Question in Wills and Trusts in California

Re: Can beneficiaries be charged mortgage costs?

The mortgage costs you've paid and property taxes are likely reimbursable from the estate. The removations may be as well, if they added value to the property that is still there. If you've lived in the property, though, you will probably owe rent to the estate for its fair market rental value.

The home can then be sold and the proceeds divided among the heirs, after all other expenses/claims have been paid--this occurs at the end of the probate process.

Re: Can beneficiaries be charged mortgage costs?

I would have to see what the will says. Was there a trust? Or a power of attorney? I need more info if you want to send me an e-mail @

[email protected]

Thanks.

Jim

Re: Can beneficiaries be charged mortgage costs?

The estate should have been paying for the mortgage and repairs from the beginning.

More than likely, the answer is yes, but there are still additional variables that need to be accounted for.

For example, have you or someone else lived in the home for the past 6 years? Paid rent? Rent requested by others? Were the repairs essential or cosmetic?

There is never a cut and dry yes or no answer for pretty much every legal question, but if you would like to discuss this further, please feel free to contact me through our firm's web site at www.No-Probate.com or directly at 626-578-0708.

Good Luck,

Scott