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Can you take out executor compensation before calculating what is left of an estate to pay creditors?
Wiki User
∙ 14y ago
That issue is governed by your state laws. You should consult with the attorney who is handling the estate. If the creditors aren't paid according to the statutory provisions in your state you could be held personally liable.
Wiki User
∙ 14y ago
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Can an executor pay for vouluntary services such as hospice out of estate money?
The executor is obligated to pay all of the debts of the decedent. The creditors get paid before any funds or property are distributed to the heirs.
What is the format for an estimization of fees for an executor?
This is a general answer. It is rather a guideline or example of how you can determine fees for an executor. An executor is entitled to compensation. the beneficiaries are entitled to review and approve or disapprove of the level of compensation. If the beneficiaries do not agree with the level of compensation, a court must set it. The amount of the executor's compensation may be adjusted up or down based upon a number of factors. these factors include: a. The total value of the estate; b. the complexity of the estate; c. The time spent by the executor in the discharge of their duties; d. the skill displayed by the executor in the administration of the estate; e. The degree of care exercised by the executor; f. The results of the administration and any investments made by the executor. There used to be a rule, which prohibited an executor from "pre-taking" compensation before it had been approved the the beneficiaries or fixed, by the court. This rule has been modified by recent court decisions. As a result, an executor is entitled to "pre-take" compensation beforfe it has been approved by the beneficiaries or by the court. It is generally prudent to obtain beneficiary or court approval before taking the compensation. In the event that compensation is pre-taken, if it is ultimately determined by a court to have been excessive, the executor will be required to pay the excessive amount together with interest. The preparation of accounts, income tax returns, management of investments, and other estate administration are the duty of the trustee. In appropriate cases, these functions can be delegated to qualified expers (accountants, lawyers, property managers, etc.) and the cost of such experts will be paid in addition to the executor's compensation.
Can executors charge for their services?
An executor is entitled to compensation. the beneficiaries are entitled to review and approve or disapprove of the level of compensation. If the beneficiaries do not agree with the level of compensation, a court must set it. The amount of the executor's compensation may be adjusted up or down based upon a number of factors. these factors include: a. The total value of the estate; b. the complexity of the estate; c. The time spent by the executor in the discharge of their duties; d. the skill displayed by the executor in the administration of the estate; e. The degree of care exercised by the executor; f. The results of the administration and any investments made by the executor. There used to be a rule, which prohibited an executor from "pre-taking" compensation before it had been approved the the beneficiaries or fixed, by the court. This rule has been modified by recent court decisions. As a result, an executor is entitled to "pre-take" compensation beforfe it has been approved by the beneficiaries or by the court. It is generally prudent to obtain beneficiary or court approval before taking the compensation. In the event that compensation is pre-taken, if it is ultimately determined by a court to have been excessive, the executor will be required to pay the excessive amount together with interest. The preparation of accounts, income tax returns, management of investments, and other estate administration are the duty of the trustee. In appropriate cases, these functions can be delegated to qualified expers (accountants, lawyers, property managers, etc.) and the cost of such experts will be paid in addition to the executor's compensation.
What percentage does an executor get paid?
The executor receives a statutory percentage of the assets for performing their duties. They are paid before any bequests are paid. You would need to check your state probate code for the amount allowed in your state.
Does the executor of a will have to pay for outstanding debts of a deceased parent if there is no money or property to sell?
The estate is responsible for the debts. The debts must be paid by the executor before any assets can be distributed. If the executor distributes any assets while the debts are outstanding, she/he may be personally liable. If there are no assets the estate is declared insolvent and the creditors are out of luck.
Can an executor spend money from the estate to alter a house before he releases it to the beneficiaries?
An executor is charged with acting in the best interests of the deceased and adhere to the stipulations of the will. An executor may acquire money from the estate if: 1. there are specific stipulations in the will that the executor is entitled to funds as compensation for their efforts. 2. The executor is a named beneficiary of the will, a situation that often happens with couples.
Can an executor keep a death benefit by law without being named as a beneficiary?
The court appointed Executor of a will is entitled to payment or monetary compensation for taking on the task of performing the executor's duties. Generally, there is a statutory rate depending on where you are located. A death benefit that has no named beneficiary would be paid over to the estate. The Executor can pay herself the statutory rate out of the assets of the estate the same as payment of any debt, before any assets can be distributed to the heirs.Apart from statutory compensation that is reported to the court, the Executor is not permitted to simply take any assets and convert them to her own use.
Can executor of will change beneficiary after death?
Can an executor of will change beneficiaries before or after death
Is it necessary to file a will before transferring property to new name?
Title to real property does not pass to beneficiaries UNTIL the will is probated. Therefore, the answer is yes. No one has the authority to transfer the property until the will is allowed and an executor is appointed. Then, the probate process must be followed to alert creditors of the death of the decedent. Creditors who make a claim must be paid before any property is distrubuted to the beneficiaries.
What is the procedure to probate an estate?
Without a will, the court appoints an executor. The executor gathers information regarding debts and assets. A notice is issued for creditors to report claims, After the allotted time has passed, the assets are distributed to satisfy creditors, then assets are distributors to the heir(s). If there is a will, the court oversees the execution of the will to make sure the wishes of the deceased are handled properly. To probate an estate, the decedent would need to go to the courthouse and fill out papers before appearing in court. Probate is only necessary if there is property to transfer.
Mother passed leaving land and house to three children one is the executor are you responsible for credit card debt in Florida?
The estate is responsible for the credit card debt. The assets of the estate cannot be distributed before the debts of the estate are paid. The executor is bound by law to give notice of the death to creditors. You should seek the advice from the attorney who is handling the estate.
Can you be an executor without knowing?
You can be appointed executor without knowing it. There is no requirement to share the contents of the will before death.
