Can an executor pay themself from the estate after death for expenses voluntarily incurred for care prior to death?

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Can an executor pay themself from the estate after death for expenses voluntarily incurred for care prior to death?

While our mom was ill, my sister stayed with her and paid some of her bills. She and my other sister then rented out the house that I know is Willed to all 3 of us. Now that mom has died, I haven’t received anything regarding the estate. I heard from a friend that they are using the rent to pay themselves for everything they spent. Isn’t being executor and being a daughter separate? Can they pay themselves from the estate for things they paid for voluntarily beforehand? I think we’re equal landlords in the house and something should come my way (understanding it means profit and expense)

Asked on November 18, 2011 under Estate Planning, Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the executor of a person's estate incurred costs for the deceased before and after death, the executor like anyone else is required to submit a creditor's claim to the estate for approval or disapproval by its representative.

Given the inherent conflict of interest by the executor making claims for reimbursement prior to the passing of the person whose estate is being probated, the probate court needs to make the decision as to whether or not approve the costs for the requested reimbursement.

If you disapprove of the costs sought for reimbursement, you need to file an objection to such with the court. You might also wish to speak to the probate attorney handling the estate as well on the subject.


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