If my mother recently passed away and my brother and I found her house to be in disarray, are my brother and I legally responsible for cleaning up the property?

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If my mother recently passed away and my brother and I found her house to be in disarray, are my brother and I legally responsible for cleaning up the property?

She rented her home.

Asked on May 13, 2014 under Estate Planning, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss. More facts are needed here to understand what you mean but the estate has the same responsibilities as your Mother would to comply with local laws etc., if you mean is her property a danger (like trees downed) or garbage needs to be removed, etc.  Now, if the renters were the ones who caused the damage the Personal Representative of the estate has the right to sue them for damages in a breach of the rental agreement.  The PR also needs to upkeep the property as best you can - "maintain assets of the estate" - prior to sale as well. Good luck.


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