How can heirs getreimbursed moneypaid on behalf ofthe deceased/their estate?

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How can heirs getreimbursed moneypaid on behalf ofthe deceased/their estate?

My mother passed away and still owes on her house. She had 7 kids – 4 kids are paying on it and 3 aren’t. What can we do to get our part back after we sell?

Asked on September 19, 2010 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your loss.  Has there been a restarted?  Has someone been named as the personal representative on the estate?  Someone needs to do so very soon in order to be able to move forward with the settling of the estate and the sale of the house.  Ask the attorney that is assisting in the settlement if you can enter in to an agreement for reimbursement between you by taking a larger sale from the proceeds of the house or if the Court would prefer that the 4 children that are paying the mortgage and maintenance cane file as creditors of the estate.  It really may depend on the other assets and the debts of the estate, etc., on how this is handled.  Good luck.


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