Legal Question in Wills and Trusts in California
Administrator Fees and Sale of Property
My first question I have is in regards to the fees owed to the administrator of my deceased mother's estate. My brother was the administrator and a beneficiary as well. Doesn't he still have to pay 1/3 of the fees (I also have a sister who is a beneficiary) even though he is essentially ''paying'' it to himself? I believe this to be the case. Could you verify this?
My second question is in regards to the sale of a home we 3 jointly share. One of us wants to sale the home sans repairs. The other two want to sale after making repairs. We have a real estate agent that is going to give us 2 assessments (before and after repairs). It is understood that the beneficiary who doesn't want repairs, will receive 1/3 of the before repair assessment. But if the home sales for more than the second (after repair) assessment, would this beneficiary be entitled to a portion of the amount beyond the second assessment? My feeling is no, because the home after repair generated that sales figure. That is a fact. It can not be proven that if the home was sold as is that it would have sold for over the before repair assessment. I eagerly await your much valued opinion. Thank you.
2 Answers from Attorneys
Re: Administrator Fees and Sale of Property
Mr. Johnson's experience in this field is exemplified by his complete answer to your question. I have nothing to add-Martin
Re: Administrator Fees and Sale of Property
Regarding the fees, there would be no special rules for an administrator who is also a beneficiary. The administration fees are paid first, including his fee, then the estate is split among the beneficiaries.
Regarding the house, a legal basis for your argument would be difficult to find, but it seems you could negotiate a settlement before the sale. The best argument may be that the improvements are an equity contribution, and so the contributors are entitled to the proportionate rise in equity.
It may turn out that the difference is not worth too much fighting, as the real estate market is showing signs of cooling off and selling now may be better than working out a more favorable agreement and selling later.
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