• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Estate Question - Eligible Expenses???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

toddmanqa

Junior Member
What is the name of your state (only U.S. law)? NY

Susan and Jim lived together in NY, but were not married (NY has no common law marriage for residents).

They were both co-owners on a house which has no mortgage.

Jim died Nov 2009. Most of his assets were joint-owned or Susan was listed as the benificiary. However, Jim did have two bank accounts that were sole accounts and no benefiiciary was listed on the account, so they will go to his estate.

Jim's will split his estate 80% to Susan and 20% to a non-profit. Susan is listed as the executor.

Which of the household expenses can Susan legally charge to his estate after his death?? The cable bill, electric bill, property taxes? She is currently living in the house.

He also specifically named Susan as the recipient of his vehicles. Can any vehicle related expenses (insurance, registration, etc.) be payable by the estate up until the point she receives the vehicles from the estate?

We want to maximize the bills payable by the estate vs payable by Susan herself. We aren't trying to screw the non-profit out of their money--just only give them what they are entitled to--no more.

We have yet to goto court and get Susan appointed as the executor.

Any advice would be appreciated.

ToddWhat is the name of your state (only U.S. law)?
 


anteater

Senior Member
If challenged, I think that you would have a difficult time defending a reduction in one beneficiary's share due to expenses that only benefited another beneficiary.

And since Susan is the co-owner of the house (and I assume becomes sole owner through right of survivorship), I see no reason why the estate should be paying any of the house-related expenses.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top