Q: Selling an inherited property. How is the executor supposed to be reimbursed for estate expenses?
I am the personal representative named in the will. The will was admitted to probate and a summary administration order was entered in 2023. There was never anything in the "estate" - except the house, which is a homestead property. The reason probate was required was to have the court issue the determination of homestead and to transfer the deed with the county. I have paid 100% of all expenses: funeral, burial, taxes, insurance, HOA fees, utilities, repairs, maintenance, etc...on the house totaling around $50k. The other beneficiary has spent nothing. The original agreement was for the other beneficiary to pay me directly for her half. She now refuses to do so, so I need to know the mechanism for having that approximate $25k paid to me out of her half of the sale proceeds from the house. Again, the will is the relevant legal instrument as it specifies the costs are to come from the estate, not me personally.
A:
As the executor (personal representative) of an estate, you're entitled to reimbursement for all reasonable expenses incurred in managing the estate, including maintaining and selling the homestead, if the will allows you to be compensated. Here's how you can proceed:
Document all your expenses thoroughly. Florida law allows executors to be reimbursed from estate funds for costs like taxes, insurance, utilities, and repairs necessary for selling the property. If there was an agreement for the co-beneficiary to pay you directly, and they refuse, you might need to enforce this legally or proceed through estate funds with court approval if necessary.
File a petition for reimbursement if there's contention, presenting all expenses with supporting documentation to the court. After selling the property, settle any remaining estate debts first, then reimburse yourself before distributing the remaining funds. If disagreements persist, consider mediation or legal action to assert your right to reimbursement.
Schedule a free consultation to make sure you are reimbursed appropriately.
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