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As executor, why am I responsible for?

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rabbit01

Guest
As executor, what am I responsible for?

What is the name of your state? West Virginia

I am executor of my Mother's estate. She owes money for lot rent at a trailer park. I was paying the rent for her while she was sick. Hower, it is very behind and the late fees have piled up. The mobile home is in her name. I have signed no contract. As executor, what am I responsible for? Do I legally have to pay? As her son, am I responsible? Since I paid her rent while she was sick does this make me legally responsible? The owner of the park is threatening to take me to magistrate court. I dont think she has any legal ground to stand on. The trailer is still in the park. I have not had the time to deal with it yet, since it is 100 or so miles from where I live. My mother died in mid May. I am not sure what to do. I don't want to pay the late fees, which are horrible ($10 per day late).
 
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Dandy Don

Senior Member
Decide whether you want to sell the mobile home or not and discuss your intentions with the lot owner. If you can afford to pay the rent and the late charges now, then do so in order to keep the late charges from continually increasing the bill. If it goes to court you may have to pay additional court costs and fees, and besides that it would make the lot owner even angrier.

You will have to get the mobile home probated through probate court so that title can officially be transferred whoever the heirs of her estate are.
 
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rabbit01

Guest
So, as executor, I am responsible? The mobile home itself is her only asset. There is no money in the estate. There are some things in the trailer, most of which were hers, but their monitary value is not much either. I have the money in my personal account, but I am concerned that it will make me short on my own expenses.
 

Dandy Don

Senior Member
Yes, you are responsible but don't put your personal funds at risk since that would only put you in financial danger.

Is there any way you could get a bank or loan company to lend you the money to pay this off?

It will take a little bit of time (perhaps a few weeks or months) for the probate to be completed and for the trailer to be sold (if that is what you decide to do). Have you considered asking the lot owner if he would let you rent it out to someone else just to provide some income?
 
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rabbit01

Guest
I can get what is owed. I just didn't know whether I was legally responsible for her debts or not. Knowing that, I am glad I am executor and not anyone else in my family. I'd rather handle it than burdon my poorer relatives. The mobile home is a 1969 model and not worth much, so I will likely just sell it for scrap or give it away. Thanks for the advice.
 

lwpat

Senior Member
I think you misunderstood the reply. You are not responsible for taking your personal funds to pay for your mother's expenses. If the mobile home is not worth the rent that is due you may want to consider signing it over to the lot owner.

As executor you are responsible for collecting all the assets of the estate and paying the bills from those assets. If there is not enough money in the estate you are not personally liable to pay those bills. The suggestion was to pay the rent to prevent the late fees until enough money could be raised by selling the mobile home.
 
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rabbit01

Guest
ok, thanks. I didn't think I was legally responsible to pay it out of my own pocket. I am going to pay the back rent. I sent it today in fact. The landlady's accountant insists that I pay everything or they will take me to magistrate court. I think I may call their bluff. What I need to do it talk to the accountant directly, since he is the one making all the decisions- she does whatever he tells her to. Thanks for your help.
 

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