Home owed to welfare to pay for nursing home expenses

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Home owed to welfare to pay for nursing home expenses

Hello,
My mother’s home was owed to welfare to pay for her nursing home expenses. My
brother was living in the home, so they granted a hardship waiver so he could
continue to stay in the home. He cannot pay the taxes or the mortgage. Will I as
the estate representative be held liable if property goes into foreclosure or
sherrif’s sale? Thank you.

Asked on June 21, 2016 under Estate Planning, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An estate representative is only responsible if he or she personally does something wrong: personally commits an illegal act, diverts estate funds to his/her own use or to his/her family or friends, is unreasonably careless with estate assets, etc. There is no liability for acting in conformance with a court order or agency waiver and/or for the actions or omissions of persons not under your control. Based on what you write, if there was a waiver for him to stay, you are not personally liable for the failure to pay taxes or mortgage (since you are, presumably, not on the mortage or the deed/title).


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