Is is true that the primary caretaker who is my sister can take an automatic 35% off the top of the sale of my mother’s home when she dies?

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Is is true that the primary caretaker who is my sister can take an automatic 35% off the top of the sale of my mother’s home when she dies?

My mother has willed that the home be split equally among her children.

Asked on August 27, 2015 under Estate Planning, California

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 6 years ago | Contributor

The executor of your mother's will will probably have to open probate in the local superior court where your mother was domiciled.  If your mother's will said that the property is to be distributed equally, then this must be done.  
If the house has to be probated, then the court will supervise the administration and will likely deny your sister's 35% care taker fee.  Perhaps your mother and caretaker had a contract agreement.  All this will come out in probate.
I hope I answered your question. 


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