Administrator

[ceo60]

Thank you in advance.......NYState
I have been appointed Administrator of my mother's estate. I have been trying to keep costs down as there is not much coming from her estate when her house is sold. It is a program house. 0%interested 100% deferred mortagage till her death. However, there is 17,000 equity. I was informed Medicaid will be getting that as she had this for her medical care. What my questions is, how do I go about finding out what I am intitled to have paid for services to get the house up to par for selling. What I am intitled to for being the administrator or where is paperwork or a list of laws that I must follow. I called Surrogate's Court and they basically told me they work for the Court and can't give me that info. I can not afford to hire a lawyer to do all this for me. I have gone this far trying to do it on my own and now I hit a brick wall. I suppose it I get an attorney it will be all the less Medicaid will get back eh? This was all a surprise to me, but have to live with it. I can't believe probate people downtown won't help me with this without going down there. Can't anyone give me a bit of advice? Thanks again.......CEO60

 

[ceo60]

This board is so dumb, you write in and knowone answers you. Ok, this is simple, how much of the estate does the administrator receive. Does it come from the whole estates worth or what ever is left after all the bills are paid? Where do you find the rules that tell you what you are able to use to pay for the estate etc. Thanks again........

 

[ceo60]

Okay, For all the people that have read my post and there have been many, I got some of my own info on my own. No thanks to The Law Forum...... The Administrator gets 5% of the net. However, Medicaid will be getting all the equity. So there is no net. The letter I got however states......We have filed a proof of claim after the funeral costs and administration expenses. Well as far as I am concerned taking care of the estate and getting the 5% is an administration expense. I can't seem to get an answer short of hiring someone to do this which is a waste if money. If they made things a little easier it would be nice. I haven't heard of anyone going to jail for receiving administation fees. Anyone have any insight......jump in.........Thanks, Colleen

 

[dboots]

try looking under probate court laws. Administrator fees vary depending on an estate. But for the upper elite they generally spell it out in the will exactly what an administrator should be paid. Are you sure the term is administrator not executor of the estate. As executor of an estate I don't get paid, I just take care of getting the estate in order and if money is in her acct, to pay off all known outstanding debts. Different state rules probably

 

[ceo60]

Administrator.......she died intestate. There was no will. I was appointed. My brothers signed waivers so to allow me to be the Administrator or the Estate. The letter I got from Medicaid said " We are a creditor to this estate. After the funeral expenses and Administrative expenses are paid. So, what exactly does administrative expense include? The executor and administrator get paid for taking care of an estate. I know my share is 5% of the net. What my questions are is what exactly are you allowed. We had to pay people to clean, plow, shovel, mow the lawn etc. How does all this get taken care of as far as probating the estate. What is allowable. Where do I find this information. Or is it all allowed because it was bills which piled up while waiting for the house to sell etc.

Thanks, Colleen

 

[ceo60]

I think I should become a paralegal, I'd be good at it. Seems I find out more on my own than from the so called helpers on this site. What's up with that?

 

[lwpat]

Call and get an appointment with the probate court. They will not give out much information over the phone because they do not have the time and you usually cannot just walk in. The clerk will explain the process and give you a copy of the state law. They may also have a class. They cannot give you legal advice but they can explain the law and how to fill out the forms.

Rather than complaining about a free forum get off your duff and down to the courthouse. While you are there get a copy of the deed if you don't have one. It is very hard to go through the process without a personal visit to the court, especially your first time.

I would also suggest a trip to your local library.

The exact order of precedence of creditors is in the state law.

 

[NYClex]

I really love it when people display such a great attitude here. Those who "demand" answers here should think of consulting an attorney and pay the usual $ 300/hr fee.

 

[ceo60]

Isn't that what the forum is for? Geezzzzzz!!!! How do you think I find the forum in the first place. Research online......I have since found more info as I stated above I should become a paralegal. It's not rocket scientistry......pretty easy I might add. I have paid a lawyer for the closing of the house which will take place on Monday however, there is no need to pay someone for something that is so simple that anyone can do them selves under the right conditions. I have been downtown to surrogates court to many times already. I live in Erie County and they are under big time staff cuts and pay cuts etc. The people down there dont' care about you. I don't know of anyone going to jail for not reporting or doing wrong on closing an estate so I will pick and choose what I do how I see fit. More BS to try and get in your pocket. Whatever..........When you go to a forum it's usually for help. Also, it's because its at a time that is very important and need help quickly not 2 months later...Thanks anyhow and I hope to everyone else this has been somewhat helpful. From the looks of things and all the people who have read this it is a very important and a subject that should have a field of its own on here.........Have a great day all!!!

 

[ceo60]

Isn't that what the forum is for? Geezzzzzz!!!! How do you think I found the forum in the first place. Research online......I have since found more info as I stated above I should become a paralegal. It's not rocket scientistry......pretty easy I might add. I have paid a lawyer for the closing of the house which will take place on Monday however, there is no need to pay someone for something that is so simple that anyone can do them selves under the right conditions. I have been downtown to surrogates court to many times already. I live in Erie County and they are under big time staff cuts and pay cuts etc. The people down there dont' care about you. I don't know of anyone going to jail for not reporting or doing wrong on closing an estate so I will pick and choose what I do how I see fit. More BS to try and get in your pocket. Whatever..........When you go to a forum it's usually for help. Also, it's because its at a time that is very important and need help quickly not 2 months later...Thanks anyhow and I hope to everyone else this has been somewhat helpful. From the looks of things and all the people who have read this it is a very important and a subject that should have a field of its own on here.........Have a great day all!!!

 

[ceo60]

Don't you love it when the forum is supposed to be for people to get help from trusting and caring lawyers that it always ends up about the almighty dollar. Pay, Pay, Pay.......with out us, you wouldn't have a J O B ......... Thank you for being so helpful to me at a very sad and trying time of my life. The house closed with no problems. Had a great lawyer who didn't rip me off, and now it's just closing the Estate. Which I elected to do myself. Seems easy enough to me.......Have a good one folks........Enjoy......Again thanks for all the support.

 

[ceo60]

An End to the Story.........

I finally closed the estate informally. Just to let everyone know as I see there are alot of people reading this for info. Feel free to email me and ask questions. If I can help, I will. I am not a lawyer, but took care of the whole process myself. I had to do a complete accounting of all assests and file it in Surrogates court. I then had to pay all bills and then send the balance to Medicaid as they were a creditor. I then had to get releases from all the siblings and then go downtown and file them at $6.00 each. The estate is now informally closed. If I want to formally close it it will cost another $280 which I really don't need to do because I paid all her outstanding bills and she owes knowone as far as I know. Hope this helped everyone. It is really easy and can be done yourself. This was Erie County Courts. They help you down there all the way through....Peace

Colleen