What can be done to help out with an executor’s expenses?

UPDATED: Jan 12, 2011

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What can be done to help out with an executor’s expenses?

My uncle is the executor of my late aunt’s estate. He is in his early 80’s. He has told me that he is very tired of handling all that he has had to deal with taking care of business of his late sister. He also said that it is taking a toll out of his pocket. He has to deal with the repairs of the houses that my aunt owned and selling of the lands that she had. He has to travel to other towns to deal with lawyers and all of the things that have to be done regarding all of the paperwork, plus all that has to be done with distributing the money when all has been sold. Can he ask his lawyer if it is alright that he use some of my aunt’s money to pay for gas and expenses that accrue while he is taking care of her business (he will save the receipt)s or can the lawyer set up an allowance for him until all of my aunt’s affairs are taken care?

Asked on January 12, 2011 under Estate Planning, Texas


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

Answered 12 years ago | Contributor

If there is an attorney for the estate then his or her job is to support the executor in doing his job.  Yes, he should ask the attorney what he can do as to the disbursements and personal funds that he is expending on behalf of the estate.  He should keep very strict notes and all receipts and he should turn them in to the attorney and advise that he needs to be reimbursed regularly (tell him to keep a copy of what he turns in just in case).  Also, your Uncle does not have to continue to be the executor if it is too much for him.  Was there an alternate named in the Will?  Then he can step down.  If there was no alternate then someone else can step up to the plate.  If it is a large estate and too much for him the Judge will relieve him of his duty.  Good luck. 

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