Legal Question in Real Estate Law in Maryland

If a person passes away has no living relatives, & has a will with a person who has POA & is a personal representative; Can the PR still pay outstanding debts & bills. If not what does he have to do to continue paying debts and expenses.

Asked on 4/09/19, 11:29 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

This question sounds very similar to one posed a few days ago on this site. A POA ends at the death of the principal. So the agent has no authority to pay bills after death and must not touch any funds or take any action after the principal dies.

After someone dies, their Personal Representative must first seek appointment by the court / register of wills. After the court appoints a PR, that person has authority to open up an estate bank account, administer assets and pay the deceased's debts and estate expenses. Caution should be used, however, since the law gives an order of priority for paying a deceased person's bills. Generally the PR would be well advised to consult with an attorney before paying any debts.

While not legal advice I hope this general information helps.

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Answered on 4/09/19, 6:05 pm

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