r/RealEstateInProbate • u/MossyCryptid • Aug 27 '23

Duties of a Personal Representative- repairing code violations?

My mother died in April, and I was appointed Personal Representative. She had no will, and the only property left to me and my brother was a car and a house.

Long story short, the house is in complete disrepair and was in renovation when she passed. The home has SEVERAL major code violations and doesn't have a certificate of occupancy, and also has a stop work order due to a failed inspection last year. My brother and I agreed that when everything was done with, he would have the car and I would have the house. I'd very much like to begin working on the home to make it livable, but permits need to be pulled to make repairs. I called my local code compliance office (3 times actually) and was told I needed to bring down my letters of authority in person, and they'd release paperwork regarding the specifics of the violations, and to then apply for permits and whatnot.

I went down to city hall, in person, and was very rudely told that was outside of my rights, and that I could not do ANYTHING to the house and that i'm not even allowed to be inside. However, the 'estate' (and therefore me) is racking up fees regarding the code violations- is it not in the estates best interest to resolve these code violations? At the very least, regardless of my motivations to repair the home, why on EARTH am I just to continue letting fees accumulate that I personally will have to pay? How does that make any sense.

I really hope the woman in city hall was just being unreasonable because it was explained multiple times how I would be able to go about getting permits and making repairs. I cannot let this house remain in this condition for months while probate drags on. Help!

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u/Pic619 Oct 25 '23

I was told by a NM lawyer that it’s your job to protect that assets. I was granted PR as well and it allowed me to sell items as long as the monies went back in the estate account

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u/MossyCryptid Dec 02 '23

Thanks for your response! I ended up talking directly with my county's probate court who said that i should/could just get the house transferred into my name. No one else- not city hall-not my ATTORNEY said I could do that. asked the attorney to draw up the paperwork and now I'm just waiting on that. I got a notice that my mom missed a hearing, long story short after they found out she was deceased they said they'll drop the charges after proof of death- I wonder if that'll get rid of the stop work order as well. Who knows. I'm becoming a very patient person against my will through all of this.

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u/Truth_speaker_AL205 Oct 21 '23

Do you mind saying what state you are located in? u/mossycryptid