Legal Question in Wills and Trusts in Oregon
Personal representative expenses repayment
I was appointed personal representative for my friend. She has passed and I have incurred 2,500 in out-of-pocket expenses. The attorney handling the probate will not reimburse me my out-of-pocket expenses, he says, until the estate closes? I am still the personal representative, I believe. Can he petition the court and receive status as personal representative without me knowing it?
If I am still personal representative, can I insist on him repaying thes one-time out-of-pocket expenses?
1 Answer from Attorneys
Re: Personal representative expenses repayment
Reimbursement of expenses incurred by the Personal Representative depends on a variety of issues, including whether the estate currently has the funds to pay you, whether the claim you have is a priority claim, and whether there are other claims or priority claims that must be paid first.
You cannot be removed as personal representative without notice. Since the attorney handling the probate is actually representing you, he or she should not be petitioning the court for anything without discussing it with you first. He or she should certainly not be asking the court to replace you.
If you are unhappy with the actions of your attorney, you may wish to consult with another attorney and hire someone else to represent you as the personal representative of the estate.
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