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Questions about an executor that lives in the estate - What should the executor pay for personally?

Atlanta, GA |

Our brother, the executor, lives in our deceased father's house that is currently for sale. He is in his 40s & has never lived anywhere else. We think our brother should personally pay for the utilities, etc and the estate account pay only the property taxes, insurance & any repairs. What is normal & how do we go about making sure that is done?

Attorney Answers 1


Since this real estate is an estate asset and the executor is using this asset, he is required to pay for such usage, namely rent. There should be a lease drawn between him individually and as the executor. He owes a fiduciary duty to all the beneficiaries to maximize the return on all assets. This should be discussed with him and the attorney for the estate. If this cannot be resolved with them, you and your siblings should hire an estate attorney to represent your interests and even have your brother removed as executor if he is not acting in the best interests of the estate.

Hope this helps.

Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
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