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My husband's sister is executor of their mom and dad's will. His sister has hated me ever since something happened when we worked together. I feel as if she wants to hurt me in anyway possible. She is very greedy and has even taken money from me unfairly and I never said anything to her about it. I was wondering since she is the executor of the will, will she be getting paid extra for the things that she is doing? She has two sisters living very close to her that can help in anyway that they can. From what I heard from my husband,she is acting as if she is the only person,other than her husband, who is taking care of the things in their dad's house. They would be willing to help in anyway that they can. Again,since she is the executor,will she be getting paid extra? The will states that everything,including the house and property,will be sold and split 5 ways. Please let me know as soon as you can. The auction for the inside of the house will happen on Oct.13. The more information that I have the better for me.

Thanks,
Judy

I am the executor of my husbands will since his passing in May. I don't get paid a penny for anything. An executor can be reimbursed for cost incurred while carrying out their duties, but only if the costs can be proven ( receipts for death certificates, costs to notify creditors, etc. ) Also, in some states (you do not specify which state you are in) there are laws governing how much an executor can be paid. And, in those states where no laws govern how much should be paid, oftentimes it is stated in the will what the deceased intended to be reimbursement for the executor. However, in my case, as the surviving widow, I get paid nothing.

I am not sure how her "hating" you has anything to do with the division of the money between the siblings--you are not a sibling. And, the will clearly states five ways--between the siblings, not the siblings spouses.

Since she presumably agreed to be the executor of your mother-in-laws will, obviously she SHOULD be the one "taking care of" things related to this endeavor. Who else SHOULD do it? In any regard, if she is whining about the "lack of help", that in no way gives her the authority to disregard the directives of the will.

Bottom line: if your mother-in-law stipulated that she be paid for being the executor, that directive should be followed unless, of course, it contradicts state law. Any payment she receives would, then, be in addition to her 1/5.

Of course, a caveat of this site is to consult a licensed professional attorney in your area for specifics. A real estate attorney can probably answer your question according to your own particular state law in a matter of seconds.

As long as the will is clear in equally dividing proceeds of the sale 5 ways (and none is mentioned for the executor), that's how the proceeds should be divided at closing. after all existing obligations on the property, i.e. taxes, unpaid assessment, outstanding liens, etc necessary to clear title are paid (if any exist.) If your husband is concerned, he can contact the title company or place of closing 24 hours before closing to find out what the "bottom line" will be, or even request a copy of the preliminary HUD 1 (closing settlement statement.) Obviously, when all parties are present at the closing, they should carefully scrutinize all charges on the seller's side of the final HUD 1 as well. If you have a real estate attorney present, he/she will also review the rest of the documents and (hopefully) answer any questions, however I'd suggest the actual parties review everything as well. It may take a little longer, but is definitely in your husband's best interests to do so.

Your questions re: paying an executor is an entirely different manner, in my opinion. As a rule, most states hold executors to a 'higher set of standards,' meaning simply their actions in administering the will are under close scrutiny by the courts. I believe there also should be some sort of "distance," in that the executor doesn't stand to gain (anything) by administering the terms of the will. If your husband (or any of the beneficiaries) are concerned, I'd suggest the aid of a probate attorney. It might not be a bad idea to set up regular accounting schedules to be filed with the courts, with specific itemized lists. That would, of course, depend on the total value of the estate .. your husband & other beneficiaries would need to decide that one. http://www.legalmatch.com/law-librar...-executor.html may help answer some of your questions. Laws vary from state to state; obviously, legal counsel may be required in your husband's case.

I can't think of 2 better situations that DO require attorneys. If you can find a real estate attorney proficient in probate law, a probate attorney proficient in real estate law or if it requires 2 separate attorneys, I can't suggest strongly enough your husband and the others seek good counsel as soon as possible. Preliminary consultations may even cover your concerns. In regards to the house, once those closing docs are recorded, it's nearly impossible to correct any mistakes. It not only makes good financial sense, but with regards to the will, it also helps ensure that your former mother in law's wishes are carried out as she intended them.

I'm sorry for the loss of your mother in law. This is obviously a difficult situation for everyone involved. Good luck to all of you.

There is an appreciable difference between "gaining" something from executing a will, and being reimbursed for reasonable expenses incurred while performing the duties of executor. Also, in this circumstance, there "is some" for the executor, since the executor is, in fact, one of the "fifths". Obviously, she gets her share, and her reasonable costs incurred while executing the estate. This is not "profit" in addition to the "fifth", it is reimbursement for HER expenses.

To the original poster, if I may refer in general terms to the additional information you offered me, you need to know that the attorney already hired has been hired on behalf of the ESTATE--not on behalf of the sisters personal interests. The attorney is being paid out of the estate--not personally by the sister. This means that there is no conflict for you to direct your questions TO the attorney that has already been hired--the one that is seeing to the execution of the estate already. I am not certain why a separate attorney is needed since it is a single cause of action with common joint, equal interests.

I wish you the best. Your mother in law is fortunate to have people in her family who want fairness and equitable treatment for all parties involved.

Good luck.

I am, of course, referring in part to the sale of the home, where possibly, the largest portion of the estate is involved. Hopefully, the information will help at that time as well.

Estate 101.

The debts of the estate are paid BEFORE the remaining assets are divided. This means that the executor and professionals such as auctioneer, real estate agent ( mentioned in email ) are paid BEFORE the assets are divided. This means that, for example, purely hypothetical, if the decedent had a fifty thousand dollars in credit card bills, outstanding debts, boat and car payments, etc. but held the deed to the land and house free and clear, the house and land COULD be sold to satisfy the other debts and what is LEFT, if any, would go to whomever the decedent indicated in their will. They cannot simply sell the property, ignore the other debts of the estate, and divide up the booty.

Also, it is possible to put anything one wishes to in a will. A judge does NOT have to abide by the will, nor does he have to follow it. A will is an expression of the decedents WISHES. It is not holy writ, or divine directive.

Assets are divided five ways AFTER the debts of the estate are paid, including reasonable costs incurred during the execution of the will.

Example: I had to pay taxes on one of my late husbands vehicles that came due the week after he died. I paid these out of my money, my checking account. I have been paid back by the estate since the neither the vehicle nor the tax bill was mine, although they came to me at the close of his estate. Just because the executor is a family member or surviving spouse does not mean their costs of taking care of the decedents business are not reimbursed from the estate.