Legal Question in Wills and Trusts in California
probate questions
If the executor(my sister) requested me as one of the three beneficiaries on my dad's estate to help her with some of her duties involving the estate. Can I be reimbursed for the hours I spent helping the executor? If so how do I figure out the amount? I would like to have my fee taken off the executor's administration fee to save the estate any further fees. Is this possible or am I wasting my time asking? One last question my father passed away in 2001 how much estate taxes does the State of California charge over $675,000.00?
Thank you for your assistance in this matter.
1 Answer from Attorneys
Re: probate questions
Without an agreement between you and the executor, it's difficult to make a claim--the court may consider your services "volunteered" without expectation of compensation. It would be best to negotiate something with your sister--if you can't, you can object to the fee petition/final accounting and make your request there. If this involves significant time and/or expense, you should consult with a lawyer re: preparing the necessary documents and negotiation.
Regarding estate taxes, California takes a portion of the federal estate tax paid, which in 2001 began at 37% of the amounts over $675,000 and was capped at 55%.
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