as power of atorny for finances am I responsible for lot rent on her mobile home after she dies and it sells?
1 Answer from Attorneys
Power of attorney is for people who are living only. It ends at death so if you are an agent under a valid power of attorney, your only duties will be to provide a final accounting and turn over any property to the personal representative of the estate.
If you would be the personal representative, then your duty would be to figure out what the deceased person owmed and owed, pay any just debts and deliver what is left to the beneficiaries. The personal representative would not be personally liable for lot rent.
However, the lot rent would have to be paid from the estate assets of the deceased. If she did not have any funds at the time of her death to pay the lot rent, the personal representative could do a couple of things: (1) make a deal with the owner of the mobile home park to pay lot rent out of the proceeds of the sale of the mobile home; (2) figure out who the beneficiary would be and if the beneficiary wants the mobile home, make arrangements to make an early distribution of the mobile home to the beneficiary such that the lot rent would now be the beneficiary's responsibility; or (3) get the beneficiaries' to give enough money to the estate to enable it to pay any bills with the understanding that they would be re-paid as creditors when the mobile home is sold.
Which of these options would work depends on the circumstances and whether there is enough money in the estate and whether the beneficiaries could afford to chip in.
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