Skip to main content

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?

+ Read More

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.
By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.