Legal Question in Wills and Trusts in New York

I finally received letters testimentary, I'm executor of my dads estate. I secured the house, with new

locks. Now the side of the house walls is badly chipped...as a executor can I have this plastered and

painted, and the roof needs to be patched....can I patch the roof...it poses a health hazard for the inside of the house...the ceiling is down on the 2nd floor. Also dad had no insurance on his house..I put full coverage on this 2 family home. I know dad was going to fix the roof...however he didn't get a

chance. I paid the taxes and etc. I'm still trying to tie up loose ends. I did have a lawyer to help me

get my testamentarp papers, now I'm on my own...can't afford this lawyer nomore. Dad has no assets. never had credit cards. doctor/hospital bills are paid. Also with is the commission I can get

only house worth $400,000.00 I reside in new york...what would the percentage be ?

Thank you

Joeanna I have receipts for the roof, and the side of house that was badly chipped and painted

did I do the right thing.

Thank you

Joeanna


Asked on 1/29/12, 5:48 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. as a executor can I have this plastered and painted, and the roof needs to be patched....can I patch the roof...it poses a health hazard for the inside of the house...the ceiling is down on the 2nd floor.

A. Yes.

Q. what would the percentage be ?

A. Commission for the executor is statutory. The commission rate in New York for each Executor is 5% on the first $100,000 in the estate, 4% on the next $200,000, 3% on the next $700,000, 2-1/2 % on the next $4,000,000 and 2% on any amount above $5,000,000.

Mike.

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Answered on 1/30/12, 5:30 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Michael. As Executor your prime responsibility is to protect and preserve the estate assets and you seem to be doing that. The executor commission schedule is accurate. Any funds you may advance for estate expenses can be reimbursed when the house is sold.

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Answered on 1/30/12, 9:26 am


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