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Does the personal representative have to pay attorney fees if there are no funds in the estate?
Generally, that depends on what the person signed when they hired the attorney. An attorney doesn't usually take on a probate in which there are no assets so there must have been assets in the beginning. If the assets are gone as the result of some action on the part of the executor then he/she may be liable for the costs of the probate. The debts of any estate must be paid before any property can be distributed. That includes the attorney's fees.
What else can I help you with?
Is personal representative responsible for mortgage of estate?
They are responsible for paying it from the estate's funds. They do not have to pay it personally.
Is the estate representative responsible for the attorney-in-fact's spending of the deceased money before the deceased death?
You should discuss this issue with the attorney who is handling the estate. If there is evidence that the AIF engaged in self-dealing with the decedent's funds the estate representative may have the responsibility to file suit against the AIF if so directed by the beneficiaries of the estate. The estate representative, once appointed by the court, bears the responsibility to settle the estate properly and should definitely discuss this issue with an attorney to avoid any personal liability.
Heirs want to confirm the personal representative didn't take funds before they were appointed. Can they request the decedent's bank records from the personal representative during the probate period?
The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.The heirs can request the records from the personal representative on their own but the representative does not have to comply. They could request that through the court if there is a honest reason for thinking the representative stole money from the estate. They can also visit the court and view the case file. They can check the account and the beginning balance listed in the inventory.You seem to want to know if the person who was appointed the personal representative converted any estate assets and is guilty of theft. If you have a serious belief that they did you should speak with the attorney who is handling the estate or your own attorney. If you are simply fishing be advised that courts do not cater to family squabbling.
Is it illegal for a personal representative in charge of closing an estate to spend estate money for personal use or crisis?
Yes. The person is required to provide an accounting to the court of all property that came into the estate and all the property that went out. The use of funds for personal reasons should be reported to the court.
In Oregon if the estate does not have enough money to pay the attorney's fees is the Estate Representative personally responsible for payment?
Generally, the estate is responsible for paying the debts of the estate and the costs of probate. However, it depends on what you signed when you hired the attorney. You need to review copies of those documents. If the executor mishandled the estate funds they may be personally liable for any resulting debts.
Can you challenge your step mother in court who is your dead fathers estate representative in court for unclaimed funds in New York State?
If you are named as a beneficiary in the will you do not need to challenge her in court since she will be legally required to distribute the money to the beneficiaries. They will only release the money to the executor or personal representative and no one else. If you have any doubts, consult with a probate attorney.
Is a bank supposed to refused to pay accumulated salaries in a deceased person's bank account to applicants?
Banks do not handle salaries or applicants in regards to an estate. They do not disburse funds after the account owner has died. You should contact the executor and the attorney who is handling the estate.Banks do not handle salaries or applicants in regards to an estate. They do not disburse funds after the account owner has died. You should contact the executor and the attorney who is handling the estate.Banks do not handle salaries or applicants in regards to an estate. They do not disburse funds after the account owner has died. You should contact the executor and the attorney who is handling the estate.Banks do not handle salaries or applicants in regards to an estate. They do not disburse funds after the account owner has died. You should contact the executor and the attorney who is handling the estate.
Can a relative get funds from a deceased relative if they have a death certificate?
No, the relative would need to be included in the will, be named as a beneficiary or power of attorney, or be owed money by the estate. The executor of the estate will be in touch if any funds are available.
Can your brother the estate administrator use estate funds to live on in KY?
They may not use the estate funds for personal use. They may be able to take an advanced draw, but they are required to provide a full accounting.
Can a person in the UK with power of attorney use funds or convert property for personal benefit?
I live in Canada, and it should be the same there as it is here. If you have power of attorney over someones funds, you have the authority to do so with those funds as has been given you under that authority, but there are many ways that one can benefit from doing so, but you can't take anything that isn't yours to take from a paticular person or their estate unless it has been agreed to when you entered into the power of attorney!
Is it illegal for the attorney-in-fact under a power of attorney to remove funds from the estate after grandmother's death without the consent of the executors?
Yes. The power of attorney for an attorney in fact is extinguished upon the death of the principal. Therefore, the power of attorney was no longer in effect at all after your grandmother's death. The attorney-in-fact has no authority to remove funds with or without the executor's consent. An AIF who used their authority under a POA after the death of the principal is stealing.
What fee can an executor of an estate charge in South Carolina?
Taken from the South Carolina Probate Law SECTION 62-3-719.Compensation of personal representative.(a) Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the appraised value of the personal property of the probate estate plus the sales proceeds of real property of the probate estate received on sales directed or authorized by will or by proper court order, except upon sales to the personal representative as purchaser.The minimum commission payable is fifty dollars, regardless of the value of the personal property of the estate.(b) Additionally, a personal representative may receive not more than five percent of the income earned by the probate estate in which he acts as fiduciary. No such additional commission is payable by an estate if the probate judge determines that a personal representative has acted unreasonably in the accomplishment of the assigned duties, or that unreasonable delay has been encountered.(c) The provisions of this section do not apply in a case where there is a contract providing for the compensation to be paid for such services, or where the will otherwise directs, or where the personal representative qualified to act before June 28, 1984.(d) A personal representative also may renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.(e) If more than one personal representative is serving an estate, the court in its discretion shall apportion the compensation among the personal representatives, but the total compensation for all personal representatives of an estate must not exceed the maximum compensation allowable under subsections (a) and (b) for an estate with a sole personal representative.(f) For purposes of this section, "probate estate" means the decedent's property passing under the decedent's will plus the decedent's property passing by intestacy. This subsection is intended to be declaratory of the law and governs the compensation of personal representatives currently serving and personal representatives serving at a later time.
