What constitutes an estate to be closed?

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What constitutes an estate to be closed?

A family member is requesting to be paid for taking care of a deceased relative. The executor claims the estate has been closed. The house has not been sold yet. Can this person still be paid?

Asked on June 22, 2009 under Estate Planning, Indiana

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

If the house is part of the estate (and not part of a trust or passed by joint tenancy survivorship), then the proceeds from the sale of the house can be used to pay the relative.  I'm surprised the estate has been closed, though, if the house has not yet been sold, because taxes would be due.  Not sure the executor is correct.  You can check with the probate court to be sure.


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