Legal Question in Wills and Trusts in Florida
executors rights
My mother is the executor of her mothers estate. She has not been able to sell the property within the estate for ten years. She has been using her own money to pay taxes and for the up keep of the property(no more money left in the estate). The other heirs have not contributed any money. When the property is sold is she entitled to the money she spent out of her pocket along with executor fees?
(one property in NY one in FL)
Perplexed!!!!
2 Answers from Attorneys
Re: executors rights
While I agree with David, my position may be more emphatic. Presuming all other creditors have been paid, her advances will enable her to be reimbursed if and when the properties are sold. I have some concern why the properties have not been sold in 10 years. What are the problems that have prevented a sale? Why has she not tried to rent them, to keep the costs to a minimum? These may be questions that the residual heirs might raise when she seeks reimbursement. Has she kept all residual heirs informed of the problems and sought their suggestions on how to resolve them? Has she solicited their contribution to the continuing costs? If so, how have they replied? You may contact me directly to discuss my questions and her exposure.
Re: executors rights
She must file as a creditor of the estate.