Estate Sale Question

[Shlly419]

My mother died recently (my father is already deceased) and we had an estate sale. I had items in the sale totalling $910, which proceeds were to go to me. The sale grossed $7,000, and netted $5,200 after the Estate Sale Coordinator's 20% commission and ads in newspapers. When I asked the Executor of mom's estate for the money, he told me he had to take out 26% for commission. He never mentioned this before the sale. Had I known, I would have sold the items myself. Incidentally, the Executor of the Estate is not an attorney, but someone who we thought was a trusted friend. Is it right or even legal for him to withhold 26% of my proceeds? Thanks for your help in this matter.

 

[Michael Wechsler]

What did your mother's will say?

 

[Shlly419]

First, I apologize for my second posting and you're right. You folks provide a wonderful service and my message was out of line.

Mom did have a will, but personal and household items weren't mentioned. Instead, she made a list of personal and household items. She had columns for each of us five children and specific items under each column. The understanding was that either we could keep the items, or sell them at what she was sure would be an estate sale (and of course there was) and keep the money. Again, the Executor of the Estate never mentioned that if the items were sold in the estate sale, I would pay 26% of the proceeds for "expenses". That's in addition to the estate paying 20% to the sale coordinator.

I hope this provides enough information for a more detailed response with regard to the legality of this.

Thank you for your condolences on my mother's passing. Yes, this has been a terribly stressful time and I look forward to being able to put all this behind me and continue the normal grieving process.

Thanks for your help...Shelly

 

[seniorjudge]

What did your mother's will say?

Please answer the prof's question.

He did NOT ask what you thought the will said.

He asked you what your mother's will said.

Big difference.

(Leave out names and other personal info.):angel

 

[Shlly419]

Well, I believe I told you what the will said and not what I thought it said. Again, the will does not include personal and household items. The will only included her investment portfolio which clearly states it is to be divided equally among the five children. The separate list which Mom created over the course of the last several years is the only mention of personal and household items, which is the crux of my question to you.

Maybe I'm missing something here, as I am not an attorney. My question pertains to whether or not it is normal or legal to withhold an additional 26% of the proceeds of items which are undesputably mine to sell?

Thank you.

 

[seniorjudge]

In most wills there is a "catch all" phrase that says, basically, that anything not otherwise mentioned will go to whoever.

The 26% sounds normal to me.