Legal Question in Wills and Trusts in California
My brother is executor to my fathers will. When I was in California, I spent 10 days going thru boxes and boxes of papers plus cleaned the house, when I came home to Texas, I got all the paperwork for my dads 2010 taxes that where late to the accountant, it took me a week to get all the info together, I still have to do this for his 2011 taxes which will take me another week. I asked my brother (executor) if I will be reimbursed for my time and he said no as he is doing work on the house to get it ready to sell (House repairs) and he wasnt going to charge. He just called me and stated he was going to charge for executor fee for spending 80 hrs. working on the house, but I am not getting anything which I dont think is fair. Also, I asked for copies of all the accounting records for the estate, including bank statements and receipts and he said the only way I was going to see them is if I go to California as he is not sending me anything, is all of this legal?
2 Answers from Attorneys
The executor is responsible for the tax returns, so if your brother won't agree that you should bother be compensated for your time, you can just let him take care of it.
I agre with Mr. Cusack. Also, has the will been entered into probate. As Administrator, you brother is responsible for providing the court and beneficiaries an accounting of the income and expenses of the estate.