Legal Question in Wills and Trusts in New York

I am the executor of my mothers estate I have been taking care of her by myself for the past 20+ years after she passed my brother now wants me to sell the house and give him his half . My question is am I entitled to more because I was the sole care giver to my mother


Asked on 2/01/11, 11:42 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

No. But you may seek reimbursement of any expenses you incurred from her estate.

Read more
Answered on 2/08/11, 7:43 pm
Michael Markowitz Michael A. Markowitz, PC

I am a little confused by your question. I assume that you were taking care of your mother for 20 years and then your mother recently died. I assume that you want to know if you are entitled to be reimbursed for your time during the 20 year period.

Unless the mother made a specific bequest to you in the will, the answer would be no. David Slater's answer is somewhat correct. You are entitled to reimbursement of expenses incurred on behalf of the estate. Mr. Slater failed to mention that as the executor under the Will you are entitled to a commission based on the percentage of money received by the estate. This percentage is earned before distribution is made to the beneficiaries under the will.

Mike.

Read more
Answered on 2/09/11, 5:46 am
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

You are not entitled to a greater share of the estate because you took care of your mother unless her will says otherwise. You may seek reimbursement for funds you expended on your mother's behalf.

Read more
Answered on 2/09/11, 6:45 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York