If me being executive of an estate

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If me being executive of an estate

I have been paying the mortgage on one
of the house’s since 10/2015 by myself
and there are 9 heirs are they supposed
to help me with the payments? If they
supposed to help and they don’t can I
file a claim for the monies I paid on
there behalf.

Asked on October 25, 2018 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The ESTATE (the money, etc. left behind by the deceased) can be used or tapped to pay estate expenses, like the mortgage on real estate, so as executor, if there are any savings assets, etc. in the estate, you can spend them on the mortgage and/or reimburse yourself for amounts you paid on the mortgage. But you can't make the heirs pay unless they entered into a written agreement to do so. Heirs are not liable or responsible for estate expenses or obligations without their agreement. Note also that YOU were not required to pay the mortgage or other expenses out of your own pocket; an executor has no responsibility to spend his or her own money. In the law's eyes, you voluntarily chose to pay the mortgage, etc. and your voluntary choice does not create an obligation on the heirs' part to help out or reimburse you.


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