• 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.

Can I leave a small bequest to "Executor"

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

Zaffer

Junior Member
Hi, I live in Wisconsin and I'm using Quicken WillMaker to make a will. I am leaving bequests to my nieces and nephews. I would also like to leave a little something extra to whichever niece or nephew agrees to act as executor. I am going to ask the oldest, but I'm not sure which one will actually do the job as I am naming alternates. Can I leave a small bequest for "Executor" in the will in addition to the bequests I'm leaving by name? Thanks.

Zaffer
 


anteater

Senior Member
There isn't anything that says that you can't do that.

But keep in mind that the personal representative is entitled by statute to receive compensation for serving.

Wisconsin Statutes 857.05 - Allowances to personal representative for expenses and services

(1) Expenses. The personal representative shall be allowed all necessary expenses in the care, management and settlement of the estate.

(2) Services. Subject to the approval of the court the personal representative shall be allowed for his or her services commissions computed on the inventory value of the property for which the personal representative is accountable less any mortgages or liens plus net principal gains in the estate proceedings at a rate of 2% or a rate that the decedent and the personal representative, or the persons who receive the majority interest in the estate and the personal representative, agree to in writing; and such further sums in cases of unusual difficulty or extraordinary services as the court determines reasonable. If a personal representative is derelict in duty, his or her compensation for services may be reduced or denied.
 

Zaffer

Junior Member
There isn't anything that says that you can't do that.

But keep in mind that the personal representative is entitled by statute to receive compensation for serving.
Thanks Anteater. I guess I was thinking my niece or nephew wouldn't want to take the compensation, so I was giving it to them up front. But maybe I'm just making it too complicated. Thanks.
 

anteater

Senior Member
Using a commercial package is fine. But, generally, you don't want to introduce "trickies" that may end up being ambiguous and/or unenforceable. Keep it simple.

I would suggest letting the nieces and nephews work it out when the time comes.
 

Find the Right Lawyer for Your Legal Issue!

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