Legal Question in Wills and Trusts in New Mexico

Reimbursement of executor expenses

My father's will names me as an executor. Can I be reimbursed for out of pocket expenses that I have incurred even though I have not been formally appointed as an executor yet? For example, I have already sent money to a lawyer to start the probate process and have traveled out of state to clear out the house (prior to selling) as part of the estate. Can the money I sent to the lawyer and my trip expenses be reimbursable to me when the estate checking account is set up? I should mention that I am also an heir to the estate.


Asked on 10/07/08, 5:23 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Reimbursement of executor expenses

The costs and expenses you can be reimbursed for are covered by NM law. Lawyer's fees for estate work are among them, but for all expenses you must file an accounting with the court and get approval for reimbursement. With your lawyer's advice many of the expenses once you are qualified may be paid out of estate funds, not your private funds.

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Answered on 10/07/08, 5:33 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Reimbursement of executor expenses

Ask your lawyer..he will tell you ...

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Answered on 10/07/08, 6:32 pm


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