QUESTION
Can the executor of an estate allow the house to be foreclosed?
Asked on Mar 04th, 2021 on Asset Protection - Ohio
More details to this question:
I am a partial heir and there is family living in the deceased persons home in Ohio. Can the executor of the will allow them to stay there and not pay the mortgage resulting in foreclosure and no portion of the value of the property going to me or the other heirs?
1 ANSWER
Asset Protection and Medicaid Planning Attorney serving Cuyahoga Falls, OH
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The answer depends on additional facts not stated. Was an executor ever formally appointed by the probate court? An executor has a duty to preserve estate assets. Whether or not what transpired consitutes a breach of this duty depends on the estate, debts, lease agreement, and numerous other factors. I recommend sitting down with an attorney to review the situation in full and advise you.
Best of luck.
Answered on Mar 22nd, 2021 at 1:05 PM