Legal Question in Wills and Trusts in New York

Executors right to spend estate money

My father died 4 months ago leaving 5 beneficiaries. He left us basically a house and it's contents, ballpark value of $400K. The executor of the estate is a sibling who has been spending money (from her own pocket) on making various ''home improvements'' with a view towards raising the resale value of my Dad's house. She plans on reimbursing her expenses from any eventual sale of the house before distributing to the other beneficiaries. I have not been consulted or informed of any work which she is having done on the house and don't actually agree with spending money on a house which will be sold. She hasn't provided any info to me on what's being done with the house or the estate, I'm only finding out through other family members. Do I have any right to contest money she is spending on fixing up Dad's house or her refusal to keep me informed on the status of the estate? If I am ultimately going to paying (through my inheritance) for her home improvements I would think I would be required to provide some form of consent (which I have not). I understand being an executor can be a tough job but really feel I'm ebeing kept out of the loop (but expected to pay for home improvements which she feels are needed). Many thanks!


Asked on 3/05/08, 11:23 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Executors right to spend estate money

You face the risk that the cost of improvements exceed what may be additional sales price of the house after it is improved, so when reimbursed you get less money. Of course some facts may be missing, such as the details of what is being done and why, which you have the right to ask the Executor and get a full reply. You only have estimated the value of the house, and do not state if any of the improvements might be required to meet home inspection defects which may be necessary to sell the house. You also state you heard about this from other heirs, so they may have consented to the work being done. Bottom line, more information is needed and the best place to start is by asking the Executor to give you a full explanation of what is being sone, why and all of the details. Once you have all of information and if you have any questions, contact me directly.

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Answered on 3/05/08, 4:26 pm


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