If my mother died and left an inheritance to my disabled brother which was put in a Trust, now that I’m responsible for him can I be compendated for my time?

My mother passed away 4 years ago; she left behind my brother who is mentally disabled. He is higher functioning, however he cannot handle his own bills, make any kind of medical or dental appointments.He even has to be reminded to bathe and do daily things. I am now acting trustee and executor since there is a Trust for my brother. Yet, I have received no compensation for any of this. The care for my brother is ongoing even though the estate is settled and my mother’s house was sold. I have had to handle all of that and my brother moving; finding him a place to live was totally put on me.bI feel I have gone well above what most people would do without being compensated I am trying to find out if I should be compensated for any of this.

Asked on July 22, 2014 under Estate Planning, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your Mother must have really thought quite highly of you to place you as Trustee of your brother's Trust as this Fiduciary position carries with it great responsibility.  Are you also his guardian and conservator?  It sounds as if so.  It is my understanding that in Pennsylvania a Trustee is entitled to "reasonable compensation" for administering the Trust. Same holds true for guardians. What is "reasonable" depends on the duties.  I would speak with an attorney in your area because taking the funds with out accounting for them and following the law would be a breach and can cause you problems.  Your brother is lucky to have you.  Good luck.

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