Can a personal representative be held liable for the debts of an estate?

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Can a personal representative be held liable for the debts of an estate?

My parents died with in 3 weeks of each other and I was left as P.R. and heir. They have a mortgage with HUD,the value of the house if far less than the mortgage so I am unable to sell the property. I used what money that was in the estate to pay the monthly mortgage payments while trying to work with HUD. If I just walk away from this can I be held financially responsible? No one has lived in the house since they past away. I do not want the property.

Asked on October 19, 2015 under Estate Planning, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A personal representative is not typically liable for estate debts unless he or she
1 Personally guaranteed those debts or
2 Acted improperly in some way committed fraud diverted money to his or her own benefit etc. in which case he or she could be held liable due to the wrongful act.


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