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husband executor of his fathers will

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polarbear52956

Guest
What is the name of your state? tn. however, my fatherinlaw died in indiana and his will originated in ohio.the will my my husband executor of his estate. there was no physical property, and in the will he asks that any monies he had first be paid for all burial expenses. there were to funeral homes involved. this amount totalled over 9000.00 also there was a fee for opening up the plot. 750.00. we handled all the correspondence, made long distance call with healthcare providers and made copies of the will and death certificate to ask the providers to accept what medicare paid . we had to travel from tn. to ohio to make final arrangments for his calling hour and burial. my husband had to put 250.00 to funeral home for deposit and had to pay 750.00 to have plot opened. both wre put on a credit card. then after the funeral we had to go to indiana to the bank where money was held in his name. we gave band copy of will and death certificate. we asked them to release 2 checks to both funeral homes. and asked then to pay the credit card company directly. we had hotel, cell phone calls, paid someone to stay at our home, phone bills, stamps, charged for copies of extra cover letters and death certificates,gas food, etc. can we claim the balance of the account of 1000.00 or a little more 1098.00 as a fee and reimbursement. we also paid money back to his brother and sister for what little monety they could contribiute and gave 100.00 each to grandchildren who needed money for emergency expenses. tell me have we cheated anyone. i have used up about 30 man hours for corresondence and phone calls. please [email protected]
 


Dandy Don

Senior Member
You have not mentioned yet whether your husband has filed the will for probate at the county cpurthouse.

There may be no need for filing it now (you need to ask the court clerk what the minimum amount of estate value is before filing is required) since it seems this estate is of little value now or almost in debt. Just as a formality, your husband will probably want to go ahead and file the will so that he can receive official papers from the court, called "letters testamentary" that authorize him to have the legal authority as executor to claim any all remaining assets (the bank account and anything else that may be left). Without these official papers, the bank will probably not release the money to him. With the papers, he will get the check.

It sounds like some of the other heirs are accusing you of trying to cheat them, but as far as I can tell you have done an honest job of trying to take care of the big responsibility of handling an estate. It is not as easy as people think and it takes a lot of time and effort.

Your husband needs to make some type of income statement/report that shows the beginning balance of the bank account, and then lists all of the expenses (funeral, plot, etc.).
Yes, he is allowed to recover his expenses first (looks like that will take up most or all of the $1,098) and then the heirs are supposed to be paid from what is left over. Of course, if there is nothing left over, then that is too bad for the heirs. But if your husband has kept receipts of the expenses and gets a statement and copy of the cancelled checks or bills that the funeral home sent, then he should be able to provide a copy of that information to the probate court or to any of the heirs that need proof about the value of the estate. Making a record shows that he has been honest and above-board about how he is handling the estate.
 

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