paying utilities and maintenance

[dougcannon]

What is the name of your state? Pennsylvania.
How do I pay and account for utility bills and normal house maintenace on an estate while in the probate process. Plenty of money in the bank and I have an estate checking account. Should I just pay them and provide a final accounting to the heirs at distribution?
Do I need any approval from the court or registers office to make these payments? They seem to have left everything else in my hands to proceed.
Can these be considered "administrative costs"? The tax form doesn't seem to permit this.
The priority of payments are administrative, family exemptions (I have none), recent medical and funeral, tombstone (prepaid), recent rent (none), all other debts.
Where do utilities fit in here?

Doug

 

[HomeGuru]

What is the name of your state? Pennsylvania.
How do I pay and account for utility bills and normal house maintenace on an estate while in the probate process. Plenty of money in the bank and I have an estate checking account. Should I just pay them and provide a final accounting to the heirs at distribution?
Do I need any approval from the court or registers office to make these payments? They seem to have left everything else in my hands to proceed.
Can these be considered "administrative costs"? The tax form doesn't seem to permit this.
The priority of payments are administrative, family exemptions (I have none), recent medical and funeral, tombstone (prepaid), recent rent (none), all other debts.
Where do utilities fit in here?

Doug

**A: and legally, who are you in the estate?

 

[dougcannon]

I'm the executor (personal representative).
I have my letters testamentary.
Incidentally, the main heirs are my mother, aunt and uncle.
There's no doubt they want to keep the house maintained and the heat and light on while they decide what to do with it.
And I estimate all debts and costs to be less than 10% of liquid assets.

Doug

 

[I AM ALWAYS LIABLE]

I'm the executor (personal representative).
I have my letters testamentary.
Incidentally, the main heirs are my mother, aunt and uncle.
There's no doubt they want to keep the house maintained and the heat and light on while they decide what to do with it.
And I estimate all debts and costs to be less than 10% of liquid assets.

Doug

My response:

What?

You are the Executor, with all legal authority to guide the Estate, and its funds, and you're allowing virtual "outsiders", heirs to the Estate, tell YOU what "they" want?

Pal, "they" don't have any right or authority to tell YOU how to handle the Estate. You have a legal obligation to preserve the Estate, and to manage the Estate in a responsible manner.

Does it sound "responsible" to you to allow outsiders tell YOU what to do, and to maintain heat, water and electricity for a house where no one lives?

If I was one of the heirs, and you did that to MY share of the money, I'd Petition the court to - -

a. Have you removed as the Executor; and

b. Have you reimburse the Estate for the unwarranted and unnecessary costs and expense you caused to the Estate.

What other management responsibilities are you abdicating to others?

Look, if you can't manage the Estate, or are allowing others to dictate to you how it should be managed, then it's time for you to resign your Executorship.

IAAL

 

[nextwife]

Well, in these parts, if one fails to keep certain utilities on (heat especially, and lights on timers to reduce vandalism risk in a vacant home) the damage from freezing pipes could significantly damage the structure were the pipes to freeze and burst. I would think that if preservation of the estate were important, certain utilities must be kept going.

If you do not plan on keeping the heat on, you need to invest in "winterizing" the structure (pipes drained, antifreeze, etc.).

 

[dougcannon]

ditto in these parts Firstwife.
Same for fire insurance as part of my fiduciary responsibilities.
PA pretty much follows UPC which acknowledges the authority to do such things.
But I don't know about any special PA wrinkles and I'm basically trying to determine how to account for it.

 

[Dandy Don]

Pay the bills out of the estate account, and hire the services of a local probate attorney to consult with to get your questions answered.