Legal Question in Wills and Trusts in Maryland
A friends mother died 16 months ago. She has 5 living children and one has been appointed Adminstrator. As Administrator, she has saved her deceased mother's Maryland condo from foreclosure (got a reinstatement) using her personal funds. There is a $10K balance on the condo. One of the brother's lives in the condo but does not pay the mortgage, condo fee, etc. Can the Administrator list the property for sale with her signature, sign a contract for sale and close on the property? The son who is living in the property is unemployed. I do not believe there are any sibling fights going on at this time.
Also, can deduct monies she paid out to save the foreclosure and then split any proceeds amongst her siblings?
The deceased mom did not have any outstanding debts or other assets.
1 Answer from Attorneys
As Personal Representative, she should track all expenditures and file Accounts as required by law. Yes, a personal representative can and should be reimbursed for legitimate administrative expenses associated with managing the estate property. However, these expenses must be properly tracked and not every payment will qualify.
Whether the deceased had outstanding debts or not the personal representative needs to publish notice to creditors and get court approval of the accounting before closing out the estate. (You mention no debts though a mortgage is a debt of the decedent).
It sounds as though the PR could benefit from some legal assistance in managing her mom's estate and/or in filing the appropriate paperwork. The PR is welcome to call my firm at 410-216-7000 (I offer a no-cost initial phone consult of up to 10 minutes) or contact another Maryland lawyer of her choosing. Note that an attorney/client relationship is not created by this post.
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