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Unless the Will expressly forbids it the executor can be compensated, there will be a legal formula for wherever you are living that lists the rates allowed. Since executor fees are taxable income and since most often the executor is a family member and also a beneficiary they often do not opt for payment.
Yes. You get a % of the estate. I think my State its 4% up to a certain amount. The bigger the estate the less % u get. I did sort of opt for payment. Even though Mom had no money she still had a house. It had to be sold. I had to make sure all her bills were paid, contact all beneficiaries, open probate, etc. I also was her POA and the only child, out of 3, that was able to do for her. She had some shares that my brothers told me to put in my name. I considered that my payment.
In the US, the laws in every state allow the executor to be paid. If the will expressly forbids that, well it’s not enforceable & won’t hold up legally. You can’t force the executor to administer your estate for free.
Yes, the executor cannot be forced to serve at all if they do not wish to. They can decline. In which case the court will appoint another executor. The key with this is to decline IN THE BEGINNING, because if you accept and begin, then decide it is too much and want to stop, the beneficiaries have to agree that you can step down. What happens if you just DO step down anyway, I can't tell.
Yes & it’s exactly as others have posted: the amount is a fee and a % of value of estate and is set by your State uniquely and can be considered taxable income. You should speak clearly with your probate attorney as to how to do this as there’s forms that must be done correctly.
Executor might be able to file MIE (mileage and incidental expenses) as reinbursement as well. Ask your atty on this. For myself, the probate atty gave me a form for this and rate sheet on amount for me to use. Rates tied to set federal rate for mileage (like this year is .56 per mile) and daily federal rate costs for staying in the city where assets are. If your deceased was a widow or widower on LTC Medicaid, the only assets would be their home (like JoAnn posted) or if they had a old term life insurance policy that had their estate as the beneficiary. MERP is required to attempt a recoup. So you’ll have to deal with estate recovery in some way. In this situation as no assets initially to be paid as fee to executor over time probate is opened, you have to wait till probate wrapped up to see what’s left.
Not unusual for Executor to find there’s no real $ in the estate. You do it out of a sense of familial responsibility & absorb the costs. If you think this might be the case, and you cannot afford to do all that goes into being an executor, you can decline.
Absolutely!! And anyone who does 'work' on behalf of the estate settlement gets paid too.
Each state is different as to the amounts.
Keep meticulous records. Not for you, so much, but for that inevitable relative who will want an accounting of every second of time spent.
My DH was his dad's executor, and my BIL (NOT the son, the husband of DH's sister) went absolutely BALLISTIC about DH and me taking payment for the hours upon hours we spent closing out dad's estate.
Yet, BIL (as as realtor) sold 2 properties for the estate and HAPPILY pocketed the sizeable commissions. It caused me to truly dislike this man and I still struggle with it. He would come to the condo I was cleaning and 'flipping' so we could get top dollar and all he'd do was point out what he didn't like. One day I blew up at him and told him if he felt I wasn't doing a good enough job painting he could pick up and effing paintbrush and HELP instead of pointing out what he did not like. He also made me have a very tight budget, so though the condo looked terrific and sold for at least $30K more than it would have (and sold before it was even LISTED) I received nothing for my labors.
Yeah, I am still a little mad.
My son is an attorney and he did have my back--in that he called out his uncle, but good, in our behalf. It was a few years after the estate was settled, but he made BIL VERY aware we had a case to 'sue' him for about $15K. We didn't, because we don't do that---but son lost complete and total respect for his uncle.
The rules will likely vary from one state to another, whether they use percent of the estate or an hourly rate. DO keep record of any time spent working on it or any fees paid (I paid the $130 filing fee myself - was named one of two in the will but you still have to be "appointed" by the probate court... still waiting myself...)
One web site I found online will calculate % and hourly rate for my state - Enrolled Agent had said they don't use the % here, but we shall see. Two bros, neither have done crap to help - even now I have to ping them to get a response how they want their distributions!
The first time I had to finalize an estate, it was a MESS! The original executor was sister of the deceased and I wasn't even aware that I was named alternate. She died a year and a day later - the attorney was NOT easy to get in touch with and she wasn't local, so in fear she took ALL the estate money. Thankfully a CD that had been about to mature managed to slip through the cracks and get deposited into the original account, not the estate account. This was enough to allow me to pay the people named in the will the amounts designated and the attorney I had suggested a dollar amount for me to request. TWO years to get that done!
What you might get will depend on what assets there are, how much time and effort it takes to process everything AND what the court will approve. If you are working with an attorney, s/he should be able to guide you.
Had to post what I had drafted to check your profile for state. Here's a calculator for you (same web site I found mine on, but geared for your state):
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Since executor fees are taxable income and since most often the executor is a family member and also a beneficiary they often do not opt for payment.
Executor might be able to file MIE (mileage and incidental expenses) as reinbursement as well. Ask your atty on this. For myself, the probate atty gave me a form for this and rate sheet on amount for me to use. Rates tied to set federal rate for mileage (like this year is .56 per mile) and daily federal rate costs for staying in the city where assets are.
If your deceased was a widow or widower on LTC Medicaid, the only assets would be their home (like JoAnn posted) or if they had a old term life insurance policy that had their estate as the beneficiary. MERP is required to attempt a recoup. So you’ll have to deal with estate recovery in some way. In this situation as no assets initially to be paid as fee to executor over time probate is opened, you have to wait till probate wrapped up to see what’s left.
Not unusual for Executor to find there’s no real $ in the estate. You do it out of a sense of familial responsibility & absorb the costs. If you think this might be the case, and you cannot afford to do all that goes into being an executor, you can decline.
Each state is different as to the amounts.
Keep meticulous records. Not for you, so much, but for that inevitable relative who will want an accounting of every second of time spent.
My DH was his dad's executor, and my BIL (NOT the son, the husband of DH's sister) went absolutely BALLISTIC about DH and me taking payment for the hours upon hours we spent closing out dad's estate.
Yet, BIL (as as realtor) sold 2 properties for the estate and HAPPILY pocketed the sizeable commissions. It caused me to truly dislike this man and I still struggle with it. He would come to the condo I was cleaning and 'flipping' so we could get top dollar and all he'd do was point out what he didn't like. One day I blew up at him and told him if he felt I wasn't doing a good enough job painting he could pick up and effing paintbrush and HELP instead of pointing out what he did not like. He also made me have a very tight budget, so though the condo looked terrific and sold for at least $30K more than it would have (and sold before it was even LISTED) I received nothing for my labors.
Yeah, I am still a little mad.
My son is an attorney and he did have my back--in that he called out his uncle, but good, in our behalf. It was a few years after the estate was settled, but he made BIL VERY aware we had a case to 'sue' him for about $15K. We didn't, because we don't do that---but son lost complete and total respect for his uncle.
https://www.alllaw.com/articles/nolo/wills-trusts/payment-serving-executor.html
The rules will likely vary from one state to another, whether they use percent of the estate or an hourly rate. DO keep record of any time spent working on it or any fees paid (I paid the $130 filing fee myself - was named one of two in the will but you still have to be "appointed" by the probate court... still waiting myself...)
One web site I found online will calculate % and hourly rate for my state - Enrolled Agent had said they don't use the % here, but we shall see. Two bros, neither have done crap to help - even now I have to ping them to get a response how they want their distributions!
The first time I had to finalize an estate, it was a MESS! The original executor was sister of the deceased and I wasn't even aware that I was named alternate. She died a year and a day later - the attorney was NOT easy to get in touch with and she wasn't local, so in fear she took ALL the estate money. Thankfully a CD that had been about to mature managed to slip through the cracks and get deposited into the original account, not the estate account. This was enough to allow me to pay the people named in the will the amounts designated and the attorney I had suggested a dollar amount for me to request. TWO years to get that done!
What you might get will depend on what assets there are, how much time and effort it takes to process everything AND what the court will approve. If you are working with an attorney, s/he should be able to guide you.
Had to post what I had drafted to check your profile for state. Here's a calculator for you (same web site I found mine on, but geared for your state):
https://www.estateexec.com/Docs/Compensation?state_abbrev=MD