Doing all the work after mother's death

[Timmy4545]

Jurisdiction

Indiana

My mother passed away 4 months ago. She died from cancer and I was watching her almost everyday for past year. Just my brother and I named in the will. We split everything 50/50. I was named the Personal Representative for her estate by my mother. Doesn't say anywhere in the will that i am to be compensated for my duties. My brother is a total jerk, he refused to help watch my mother for past year. Now she has passed away, we have the house up for sale and it has been me getting the house in shape to sell. We hired a inspector to check out the house from top to bottom and let us know what needs to be fixed and what isn't up to code. He found many things wrong, So once again, he wont help. It would cut into his fun time. So its been me doing all the repairs and painting, and lawn care for past month. I am over there everyday trying to get house in good shape to sell. I am so burnt out, because I been going over there taking care of her for past year and plus now i am still going there every day to get house in shape to sell. Can i get some kind of compensation even it doesnt say it in the will ? Can i charge him labor fee from all the work i been doing for past month ?
Thanks...

 

[army judge]

Can i get some kind of compensation even it doesnt say it in the will ?

The way you describe your deadbeat brother, I doubt he's into GIVING.

He's more of a taker.

I suggest you just "grin & bear it".

After all, in your mother's memory, I'll bet she would have wanted you to e the better, bigger person.

After the home has been sold, you split the profits, and you'll never have to see him, hear him, or spend one second in his presence.

Can i charge him labor fee from all the work i been doing for past month ?
Thanks...

As I said, charging a greedy, selfish, deadbeat is useless.

Get the home sold, and you'll have your life back.

 

[Timmy4545]

The way you describe your deadbeat brother, I doubt he's into GIVING.

He's more of a taker.

I suggest you just "grin & bear it".

After all, in your mother's memory, I'll bet she would have wanted you to e the better, bigger person.

After the home has been sold, you split the profits, and you'll never have to see him, hear him, or spend one second in his presence.





As I said, charging a greedy, selfish, deadbeat is useless.

Get the home sold, and you'll have your life back.

Thanks Army for your reply and comment.. Can I inbox you because it was more to what i typed, i didnt want to type it out in open

 

[army judge]

Thanks Army for your reply and comment.. Can I inbox you because it was more to what i typed, i didnt want to type it out in open

I'll invite you to a private convo in about 2 minutes you'll see the invite.
Cheers

 

[adjusterjack]

Can i get some kind of compensation even it doesnt say it in the will ?

Yes.

Read the Indiana Probate Code - Chapter 10 - Personal Representatives:

2015 Indiana Code :: TITLE 29. PROBATE :: ARTICLE 1. PROBATE CODE :: CHAPTER 10. PERSONAL REPRESENTATIVES

See IC 29-1-10-13 Compensation.

Can i charge him labor fee from all the work i been doing for past month ?

No. You don't charge him. You charge the estate. Your fee and expenses come off the top.

By now you should have done the following:

1 - Opened probate with the probate court.
2 - Obtained your letters testamentary authorizing you to act on behalf of the estate.
3 - Obtained an EIN from the IRS.
4 - Opened an Estate Checking account into which you put any money coming into the estate and pay any bills on behalf of the estate.

Keep a record of your expenses. Anything you pay for anything out of your own pocket is an advance to the estate and you get that back off the top before you divide the rest between you and your brother.

Unless you and he were on the deed, then it's the estate that is selling the house and the money from the sale goes into the Estate checking out and you don't give him any of it until all the estate's debts are paid and your fee and expenses are paid. You may have to get court approval for your fee, but not for reimbursement of expenses that you fronted.

 

[Timmy4545]

Yes.

Read the Indiana Probate Code - Chapter 10 - Personal Representatives:

2015 Indiana Code :: TITLE 29. PROBATE :: ARTICLE 1. PROBATE CODE :: CHAPTER 10. PERSONAL REPRESENTATIVES

See IC 29-1-10-13 Compensation.



No. You don't charge him. You charge the estate. Your fee and expenses come off the top.

By now you should have done the following:

1 - Opened probate with the probate court.
2 - Obtained your letters testamentary authorizing you to act on behalf of the estate.
3 - Obtained an EIN from the IRS.
4 - Opened an Estate Checking account into which you put any money coming into the estate and pay any bills on behalf of the estate.

Keep a record of your expenses. Anything you pay for anything out of your own pocket is an advance to the estate and you get that back off the top before you divide the rest between you and your brother.

Unless you and he were on the deed, then it's the estate that is selling the house and the money from the sale goes into the Estate checking out and you don't give him any of it until all the estate's debts are paid and your fee and expenses are paid. You may have to get court approval for your fee, but not for reimbursement of expenses that you fronted.

wow.. thanks Jack! That was valuable information you gave me. That does help me out a great deal.