Legal Question in Wills and Trusts in Minnesota

Re: personal representative wants to charge other heirs for her services

I've never heard of such a thing.

There are certain priorities that the executor of the estate is supposed to follow. First she is to pay herself and the lawyer - these are the expenses of administration. Then come the debts such as the funeral bill and the medical bills, taxes and other debts. Only after those things are paid is the executor to make a distribution to the heirs, after everything else is paid.

If there is not enough in the estate to cover expenses, the first people who take a loss are the creditors. Either they get paid nothing or they get paid part of what is owing. The estate only has to prorate payments based on what it has after expenses of administration.

After expenses of administration and the payment of the debts, anything left goes to the heirs. BUT I've never heard of the heirs being required to pay anything - UNLESS they were given a distribtion from the estate by mistate which they should not have received because some of the earlier priorities were not taken care of first.

If you received money from the estate and are now being asked to give some back, that could be reasonable depending on the circumstances - although it does seem to indicate that the executor is doing a poor job and I have serious doubts that this would stand up in court if challenged.

My suggestion: pay her nothing until you have consulted a competent attorney.

This response is for general information purposes only and does not creat an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.