Legal Question in Wills and Trusts in Massachusetts
Who is responsible for estate expenses?
My mother-in-law passed away leaving her home to her three children. The estate has not been settled as yet, but city taxes and homeowners insurance have become due on the property. My sister-in-law says that these expenses (taxes and insurance) are the responsibility of the three siblings as they inherited the property, and therefore everyone must pay their share of the bill. She says that these cannot be paid out of the estate (there is sufficient money). It is my belief that these are legitimate estate expenses, and therefore the executor should pay them. Which is correct according to Massachusetts law?
1 Answer from Attorneys
Re: Who is responsible for estate expenses?
In Massachusetts title to real estate passes to the devisees as of the decedents date of death.
If the bills in question are for the period prior to death they are clearly estate expenses. If they were incurred for the post death period they may be the responsibility of the devisees. Good Luck!
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