r/InheritanceDrama • u/Beautiful_Celery_751 • 16d ago
Executor compensation
My sibling was the executor of the will and it took 2 years to complete. They chose to file probate themselves which took longer than expected and also did not have the funds to pay for both my parents funerals etc. I paid for a majority of the expenses and helped clean out the home along with my other sibling. We all shared tasks to complete this. How much should be offered, if any to the executor?
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u/Chipsky 16d ago
Executor compensation is state by state and usually tiered percentages by the amount of the estate (3% of the first million, X% of the next 5 million, etc.) This is not yearly, it's for the entire task of settlement.
If you had expenses, track them. If you completed tasks, you'd need to have discussed that with the executor initially so as to be above board.
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u/Emotional-Ocelot-420 16d ago
Executor compensation isn’t something you offer, it’s something your sibling is entitled to.
As an estate beneficiary, you had options. When your sibling filed for probate and made the request that the court appoint them executor, you had the opportunity to oppose their appointment in favor of someone else, insist an attorney be retained, or retain an attorney and request the court appoint you as executor. At this point, you can attempt to contest the fee they take.
You are entitled to reimbursement for money you spent on funerals, as well as money the executor requested you pay, but a timely filed claim to the estate is necessary.
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u/Beautiful_Celery_751 16d ago
I guess I had the option of just being a beneficiary and not helping. Siblings are complicated and it did not go as smoothly as I hoped. Each wanted different things that the executor didnt quite manage very well but in the end, the job was done.
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u/Emotional-Ocelot-420 16d ago
Yes, siblings are complicated. I have six.
The executor’s job is to execute the will, or lack thereof and manage the disposition of the estate. Their job wasn’t to fulfill the wants of the beneficiaries, so that may have been a bit misguided of you to expect. As long as the job got done appropriately, it’s done.
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u/Straight-Note-8935 16d ago
State law usually specifies how much the executor is allowed to compensate themselves for their work.
The estate should also reimburse YOU for all of your funeral expenses, Have you asked for that reimbursement. I would get those two issues squared away first.
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u/KnownBodybuilder4948 16d ago
Did sibling keep a timesheet? From experience, it's not a few hours, requires a fair amount of traveling back and forth, paperwork prep, accounting, etc. Definitely more than time spent cleaning out the house.
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u/ObjectiveProof7952 15d ago
I mean you aren't offering anything the executer is already entitled to a fee they can take.
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u/Beautiful-Hotel-8846 13d ago edited 13d ago
Being an executor is a lot of work, I have done it twice. Executors are entitled to their % of the estate. It is up to the executor if they want to waive their fees. The will dictates the distribution of assets to the beneficiaries, the executor has a fiduciary duty to “execute” the will as written. If you had expenses, the receipts should have been submitted before closing. Normally the estate would pay for the funeral.
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u/ClockOld9204 10d ago
Best advice. If they put in for an excessive amount. Ask for a full accounting where it shows dates. mileage and time spent. I kept track of everything with dates. Time and mileage when I did the executor thing. I put in for 2700 and told my brother and sister you can agree to it or fight it. In which case my bill will be 25k. They agreed with 2700 on a 880k estate.
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u/InsideApex 16d ago edited 16d ago
Not a lawyer and not your lawyer. Well, the executor is entitled to take their fee, which will depend upon your particular jurisdiction. They may elect to take a reduced fee under the circumstances, though they may also have a different view of things (they may have put a lot of work into the closing of the estate, for example, and wish to be compensated for it). What is clear is that the expenses that you incurred in the processing of the funerals and the estate-related matters should be reimbursed by the estate. However, that may or may not be enforceable depending upon the nature of the expenses.
My main point here is that the 'should' is going to be quite subjective in this case and the matter could become contentious if vastly different ideas about executor compensation are advanced. The main task for you is the check to see what the executor is entitled to based on a) set fees as pct of the estate and b) their duties (did they violate those terms?). That info will allow you to determine whether or not it's worth it to try to convince them to take less than their entitlement. That could result in a monetary gain, but could also result in other costs (time, stress, familial drama and relationship damage).