Legal Question in Wills and Trusts in North Carolina
Hello, I am the administrator of my father estate. During the course of taking care of his affairs I have spent a lot of money traveling back and forth and cleaning out his home Because he lived in a another city then me. I have lost wages and lots of other thing that I did not expect to go through. Now I have an attorney but I feel like they are not giving me all the information that I need because I am sure it a way for me to get some of my money back before the estate clears now I do not have documents other then some charges on my debit card for like gas.Because I mostly payed for thing in cash, and who thinks that your gonna need to save things like that it my father I was just trying to do whats right for him now I am in a bind so could you please help me determine what my options are.
1 Answer from Attorneys
You get a commission for your services at the end. It is based on 5% roughly of the estate assets/disbursements and must be approved by the court assuming that the estate is in in North Carolina.
Since you have an attorney, I suggest that you sit down and discuss this issue with your attorney. However, the attorney is going to charge you for it. Ultimately though you have the power to hire and fire the attorney and if you feel that the attorney is not conveying information to you satisfactorily then fire the attorney and get someone else.
If you wanted reimbursed for estate expenses, then you should have kept better documentation. While you could make a claim for expenses, you don't get paid for your lost wages. That is where the executor compensation comes in. You get that by asking for it at the time the final accounting is held by the clerk. The clerk has to approve the compensation and it will vary depending on the size and complexity of the estate.
Are you the sole beneficiary of the estate? Are there enough assets in the estate to pay you an early distribution of a portion of your share? Why not do that?
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