Legal Question in Wills and Trusts in Washington

When a person dies and I am named as their executrix do I have to pay their mortgage payments

while their estate is in probate?


Asked on 2/03/10, 2:27 pm

1 Answer from Attorneys

Charles Cruikshank Cruikshank Law Office-Since 1975

The lender who is to receive the mortgage payments is still entitled to the payments. If you do not make them, they may start to foreclose on the property. You should make them from the funds of the person who died and who is named on the mortgage, not from your own funds. You can use the deceased person's funds for all proper expenses of being their executrix. That includes your fees and attorney fees for a lawyer to advise you of how to best manage and distribute the estate assets. Most estate representatives such as yourself benefit a great deal from the assistance of an experienced lawyer and under most circumstances, a lawyer can save money of the estate so that the heirs will receive more than if the executrix serves without legal advice. I have done estate work for estates for 35 years. Let me know if I can help you.

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Answered on 2/08/10, 3:07 pm


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