Do beneficiaries need to pay for the maintnance of a property to be inherited before probate is completed?

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Do beneficiaries need to pay for the maintnance of a property to be inherited before probate is completed?

My stepmom died and left her house and property to us 3 siblings. The Will hasn’t been probated yet and won’t be submitted for a week or so. We recieved an email form the attorney saying that we should start maintaining the property. Her sister had conservatorship and was paying the expenses out of my stepmom’s money when she died. The accounts held approximately $300K. Wouldn’t her estate continue to pay for the maintenance until we officially own the property?

Asked on July 11, 2012 under Estate Planning, Montana

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Yes, I agree: the estate should be maintaining the proerpty from the funds it holds until such time as the deed is transferred to you three siblings.  Once the Will is admitted and accepted to probate the executor will have that obligation as the fiduciary of the estate.  Good luck.


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