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expenses for care.

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untilzen

Junior Member
What is the name of your state? New York.

Can a sibling ask for/get payment for caring for her father up to the time of death? The will makes no provisions for this. The sibling, along with her sister, claim they will halt probate unless the care costs are paid from the estate? The estate goes to the two brothers and the two sisters are not beneficiaries. One sister is an executrix and one brother is the other executor. The two executors are named in the will-I understand that the court still has to make/confirm them. There is no arguments from the four siblings as to the validity of the will. These expenses being claimed are based on the assumption by one of the sisters, she is an executrix(not yet appointed by the court) that if the parents were sent to a care center etc-that the costs would be about $5000.00 per month. So the one sister says this should be the amount times the number of months that the estate should pay for their care. Both brothers who are beneficiaries have already offered to pay an amount they feel is fair. These were rejected but would be appreciated if added to the expense they intend to put against the estate. Once both executors are confirmed. Must the one executor agree to the expense that the sisters believe are fair?

The sister who cared for the parents accepted this responsibility. There was never any mention of repayment for expenses, she said she owed as much to her parents and was retired so there was no problem-plus her husband was also retired and had no complaints. Anytime help was request-one of the siblings would fly down to help. If there were expenses beyond what SS paid or other the county/state took care of. The other siblings sent the needed funds. There was a monthly sum of $1000 sent, $500 from each of the other two siblings-the fourth sibling paid the property taxes which came to about the same amount. There was never a word said against these monthly payments by any party.

Hope all this is clear. Help is appreciated.
 


nextwife

Senior Member
Having just lost a parent who needed a caregiver, I'm well aware that a full time caregiver could easilly have cost the decedant more than $5000 a month. Had sis NOT provided this service, it would have needed to come outr of the estate anyway. Why would a brother and sister have their sibling to spend all that time NOT working something else and not want to properly reimburse them? I'm stunned at someone wanting to s*** a sister who took on a really difficult task so they didn't have to!
 

untilzen

Junior Member
You did not address the legal side of the question. The sibling that took care of the parents, by choice, was retired and so was her husband. There was no expenses paid by the caretaker/s that was not supplied by the other siblings. Any time the sibling asked for a breather, one of the other siblings went to the aid/rescue.
 

BelizeBreeze

Senior Member
What is the name of your state? New York.

Can a sibling ask for/get payment for caring for her father up to the time of death?
yes.
The will makes no provisions for this.
Well, that complicates matters.
The sibling, along with her sister, claim they will halt probate unless the care costs are paid from the estate?
then you need to file a motion to have them removed.
The estate goes to the two brothers and the two sisters are not beneficiaries.
See above.
One sister is an executrix and one brother is the other executor.
So, what is executor brother doing besides sitting on his ass?

The two executors are named in the will-I understand that the court still has to make/confirm them.
Yes
There is no arguments from the four siblings as to the validity of the will.
good
These expenses being claimed are based on the assumption by one of the sisters, she is an executrix(not yet appointed by the court) that if the parents were sent to a care center etc-that the costs would be about $5000.00 per month. So the one sister says this should be the amount times the number of months that the estate should pay for their care.
shouda, coulda woulda....
Both brothers who are beneficiaries have already offered to pay an amount they feel is fair. These were rejected but would be appreciated if added to the expense they intend to put against the estate. Once both executors are confirmed. Must the one executor agree to the expense that the sisters believe are fair?
nope, the one executor or other beneficiary can, and should however, get this threat to halt or impeed probate in writing and then use it to remove the sibling.
The sister who cared for the parents accepted this responsibility. There was never any mention of repayment for expenses, she said she owed as much to her parents and was retired so there was no problem-plus her husband was also retired and had no complaints. Anytime help was request-one of the siblings would fly down to help. If there were expenses beyond what SS paid or other the county/state took care of. The other siblings sent the needed funds. There was a monthly sum of $1000 sent, $500 from each of the other two siblings-the fourth sibling paid the property taxes which came to about the same amount. There was never a word said against these monthly payments by any party.

Hope all this is clear. Help is appreciated.
Then keep these records and sue the both of them if they try to impeed probate. Easy huh?
 

untilzen

Junior Member
I appreciate your responses. The other executor is not sitting on his ass, he is trying to straighten out the conflict so all involved are satisfied and happy. :)
 

BelizeBreeze

Senior Member
I appreciate your responses. The other executor is not sitting on his ass, he is trying to straighten out the conflict so all involved are satisfied and happy. :)
You're kidding right? By law, the sister is not ENTITLED to a dime. And if the other sister (executor) attempts to stall probate in any manner not allowed by law, she can be held criminally and financially liable.

Tell brother to make the offer final or the ESTATE will sue if any action for recovery is attempted. In such an action, legal fees and court costs can be asked. <hint>
 

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