executorship duties

What is the name of your state? kansas
my father died December of last year and my sister ( the executor) and i have had nothing but trouble. her latest was she is going to charge the estate for mileage from the very day he died till present. i can see were she should get mileage taking care of the estate but not milage coming to the hospital to wait for my dad to stop breathing. she also charged the estate for a motel room the night of the auction. in which the house was already sold and the new owners was cleaning the house with her approval and the new owners used too much bleach and that was her excuse to get a room and not go home. i would like to know if she can charge the estate for the excess milage and the motel room?

thank you!!!
frances

can anyone help me before my sister takes me for everything that is left in my dads estate? I also want to know if I can get a record of the accounting that she did since I was the durable power over his finances before his death?

[Dandy Don]

Is the probate on this still open or officially closed? How much is she asking for in mileage and how much is the claim for the motel room expenditure? What is the total value of the estate?

If you have concerns about whether what she is claiming is legal or not, have you been able to attend any of the probate court hearings to voice your concerns? It seems like you are nitpicking somewhat and you should allow her to go ahead and claim this money if it is a modestly reasonable amount just to avoid aggravating her.

You can look at the accounting after the probate has closed. If you and she are both beneficiaries and if there is anything left in the estate after debts, funeral bills and taxes are paid, then it is hard to see how she would be "taking you for everything left in the estate", as you claim, since both of you would receive a check from the estate.

[lwpat]

In addition to expenses the executor can charge a fee for being the executor. This is set by state law and the probate court can advise you of the correct amount she can charge based on the size of the estate.

the estate is over $200,000 and she had me split my life insurance (that i was the beneficiary since her daughter got married three days after my dad died and needed money) the difference in the amount was almost $10,000. she later found out that she also had life insurance money of her own and did not want to split hers as for her expences she is wanting 37 cents per mile and gas, tolls, and then she charged the estate $59 for the hotel bill when she could of went home after the auction. I don't have a problem paying her for what she has done but, I was the only one taking care of our parents (even went out of town to take care of my dad for three weeks after my dad had surgery)for the last 7 years. I just dont think it is fair to hand her over 3/4 of the estate just because she is the executor. I had to sign the dnr orders and beg her to come to the hospital before he died and she was the durable over medical. everything has been paid before my father died. she is just trying to go against everything that my dad wanted. He did not want to pay any executive fees just split the money(that was in the will). also the car was left to me and she wants me to pay her half of the value, the checking account she gave to the estate lawyer to put in the estate even though it was in my name and my dads name, he had a life insurance policy on myself and she wants half the cash value of that. The policy was turned over to me as soon as my dad died and she was mad and put the policy in the estate even though the insurance company called her and told her that that policy is mine and not the estate. the estate is still open. i don't think that i am being nit-picking but i just want what i am entitled too legally.

[Dandy Don]

You should seriously consider getting the services of a probate attorney immediately, or at least consulting with 1 to find out what you or the attorney can possibly do to rectify your situation. Worrying about the mileage and the motel room is the LEAST of your problems!!!

You are justifiably right to be outraged at her dishonesty, but what you should really be mad at is the fact that she has taken advantage of your ignorance of the law to steal from you!! You were under no obligation to "split" YOUR life insurance money with her, no matter what reason--it was ALL YOURS!! Since you voluntarily gave it over, it may take an attorney's effort to insure or negotiate that you get it back (or perhaps file a motion with the probate court to see that you get it back before the estate is divided up).

Under the concept of right of survivorship, the checking account automatically became yours upon your father's death, and it is improper and possibly illegal for her to have put that money into the estate, especially if it was done at the suggestion of a probate attorney who should know better!! (It's even more amazing that the bank went ahead and gave her or the estate the check, since it should have gone only to YOU!!) This may or may not be considered a breach of executor duty, but this needs to be discussed with your probate attorney. This is another error that needs to be corrected before the estate is divided up.

You also need to find out by asking the probate court clerk's office whether an executor's bond was required or purchased in this probate case or not.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

[lwpat]

You need to hire an attorney fast. You are being taken for a ride. If your father was the owner of the policy on you then it may rightfully belong in the estate. If you were the owner it cannot be placed in the estate even though he may have been making the payments.

thank you so much for the advice. I went out and got an attorney this morning. started paper work on getting everything back that is rightfully mine. the attorney said that if she did not agree with the proposed aggreement that i have a legal leg to stand on when we go to court by the simple means that you cannot get something and not get nothing in return per an agreement and she screwed up when she reported the insurance into the estate. i am still learning it was just too bad that i had to learn about this way. She will not be getting anything for being the excutive for the estate, i will not be paying her for the car (since the agreement that she had me sign is nule and void since my husbands name was not included and he has a vested interest, the life insurance policy on myself is mine and the estate had no legal rights to it per my dads request in the policy, I am going to pay for the mileage, tolls and gas(only for the days that she came to town to do my dads buisness, papers were drawn up to have three cemetary plots put in my name and my husbands (that was left to me except for one which i am paying her half the value), the motel room will not be getting paid by the estate either. i just got in before it went in front of the judge. i will keep you posted as the outcome of the decision.
thank you so much for your help! frances