QUESTION
Who is responsible for paying their mother’s court cost?
Asked on Jan 21st, 2013 on Estate Planning - Michigan
More details to this question:
My husband, his mother and his brother were named in his grandparents will. His mother received all the jewerly, antiques and lifetime in the house but the house was left to my husband. His mother is just allowed to live there until she dies. My husband’s brother was left a little amount of money as well our attorney is saying that my husband is responsible for his and his mother’s court costs. If the will is being read in one court, why is there more than one court cost and why is my husband responsible for his mother’s court costs? Does the brother have court costs that my husband is going to have to pay as well?
10 ANSWERS
You do not describe what Court proceedings are pending. Since Court costs are minimal, are you referring to attorneys fees?
Answered on Apr 10th, 2013 at 2:57 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Unless they agree, the court can award court costs from the gross estate. The property may need to be liquidated to pay the administrative costs.
Answered on Jan 25th, 2013 at 10:36 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am not sure what you mean when you refer to "court costs." Normally, the ESTATE pays all administrative expenses "off the top," and the distributions are made from the NET estate. Since the facts are a little unusual, I would suggest you meet with a probate attorney to review this situation.
Answered on Jan 25th, 2013 at 10:34 PM
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The estate pays all costs and fees, not your husband. The money will come off the top and what is left will be distributed pursuant to the will. In essence if your husband received most or all of he cash it would come out of his share of the estate, but it is still coming from the estate.
Answered on Jan 25th, 2013 at 2:28 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Your grandmother's or grandfather's (I can't tell whose estate you are talking about) is responsible for the Court Cost which include a filing fee and an inventory fee. There may also be fees to the lawyer for his work. The assets of the estate should be used to pay these even if it means that some of the gifts in the will cannot be made. These costs and fees have priority. Without more information I cannot tell why the attorney said your husband must pay the fees. I am also not sure why more than one Court is involved unless there has to be one Probate for your grandmother and a separate one for your grandfather. You should consult your own attorney.
Answered on Jan 25th, 2013 at 2:27 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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A petition should be in probate court to account for all of the assets of the estate and determine who is entitled to distribution of the asset, and what kind of assets. The estate is to pay the costs, but someone has to pay the initial cost of filing, with a a reimbursement.
Answered on Jan 25th, 2013 at 2:26 PM
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It sounds as if your husband is the residuary beneficiary. The other beneficiaries are probably receiving specific bequests which are distributed first. The costs are generally born by the reminder portion of the estate. Thus if all your husband is receiving is what is left after the specific bequests, then the attorney is probably correct. You should have the Will reviewed by an attorney in the jurisdiction where the probate is being handled to be sure.
Answered on Jan 25th, 2013 at 9:58 AM
Unless otherwise stated in the will, the probate costs and expenses (including attorney fees for the estate) should come out of the estate before distributions are made.
Answered on Jan 25th, 2013 at 9:57 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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I am not sure if you mean court costs or also are referring to the attorney's fees for the probate of an estate. Normally, in Missouri, the cost of probating the estate is payable out of the probate assets. Your husband needs to see an attorney to figure this out.
Answered on Jan 25th, 2013 at 9:57 AM
Probate court costs typically include filing and inventory fees, which must be paid before final distributions from the estate should be made. If sufficient, they are usually paid from whatever cash remains after the will's specific bequests are satisfied. So, they can appear to impact one beneficiary more than another. A more detailed answer to your question would require having the will, the inventory and a description of the court costs.
Answered on Jan 25th, 2013 at 9:56 AM