Port Jervis, NY asked in Estate Planning and Probate for New York

Q: Do I have to pay 65% of the will's expenses because I am the beneficiary of 65% of the residuary estate? New York law.

The executor of my mother's estate says that estate expenses come out of the residuary estate, and since I'm the beneficiary of 65% of the residuary estate (and my brother is beneficiary of 35% of the residuary estate) that the estate expenses will have to be paid 65% by me and only 35% for my brother. Is this true?

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2 Lawyer Answers
Benjamin Z. Katz
Benjamin Z. Katz
PREMIUM
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: Any estate expenses are paid before distributions. I’m not sure what you mean by will’s expenses.

Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: It depends on the way the will is drafted, so no one could answer without seeing it. That said, it would be typical for that to be true.

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