QUESTION
Can the executor of a will charge the state?
Asked on Apr 26th, 2011 on Estate Planning - Florida
More details to this question:
Brother is executor and he insisted on perfecting mom’s house prior to putting on market. Made extravagant improvements of which were not agreed on by siblings and is now charging estate $21,000 for his "skilled" labor on home. Can we fight this?
2 ANSWERS
Theodore W. Robinson
The Executor has a right to bring the property up to date and repair it in order to get the best price for it. The Executor has the right to charge for their time when taking care of the Estate regarding papers and taking care of the property. The Executor has the right to be paid for his/her efforts. However, the Executor does not normally have the absolute right to spend $21,000. dollars worth of effort improving the property beyond simply repairing it and usually doesn't get repaid for physical work done by him. It sounds like a conference should be requested in the Surrogates Court and the Judge's legal secretary/assistant will work it out between all of you. Consult with an Estate attorney for further information. Good luck.
Answered on Apr 27th, 2011 at 12:55 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
You should review the facts and circumstances surrounding the improvements and his fees with an estate planning lawyer.
Answered on Apr 27th, 2011 at 11:20 AM