Legal Question in Wills and Trusts in Massachusetts
Two years ago, my mother died. My brother and his wife, who live in Louisville, KY (the same town as my mother did), took care of fixing up her house to get it ready for sale. My sister, my husband and I would have helped as well, but we had no money or vacation time left because my husband and I had just gotten married only a month before my mother�s death, and my sister is handicapped and unemployed. Additionally, I was 4.5 months pregnant at the time of my mother�s death. Because of the major events in our lives, and because we live over 1,000 miles away and had already used up all our savings to be with our mother when she died, we were unable to help with the house. Now, fast-forward to today:
The house has recently sold, and my brother is looking to be reimbursed out of our inheritance money from the sale. My sister, my husband and I all agree that the estate�s money should reimburse my brother and his wife for supplies bought and contractors used. Now here is the problem:
My brother and his wife also want to be reimbursed for their time. How is that usually handled? My sister, my husband and I all think that we should give them a little something to show our appreciation, but we DON�T think that we should have to pay them an hourly rate. There is not a lot of money left from the sale of the house, and paying them for their hours would rob us almost entirely of our share of the funds. We are not being selfish. We are just very broke, and - more importantly - our daughter deserves to have some of the funds too.
Thanks, Tina Hillson
2 Answers from Attorneys
Assuming that the estate was probated in KY, you need to speak with an attorney down there. In Massachusetts, an executor/administrator may charge a reasonable fee to the estate for his/her services.
Reimbursement of the expenses is proper. The time spent is an issue of reasonableness. An hourly rate is not necessarily the appropriate way. You can argue both sides of the issue, but if they did not tell you that they wanted to be paid and that it would be $X up front, there is an issue of fairness as well.
I think that they are entitled to something reasonable but as you say you should get something as well.
One thing that should be looked at is how much your handicapped sister can inherit without impacting her benefits. If she lives in KY she needs to ask someone there.
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