Q: How to get reimburse for estate related expenses after Summary Administration order?
Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in the estate was the inherited homestead property. Other sibling now refusing to reimburse me for her half of the estate-related expenses, and claiming she only has to pay me half of the expenses from the point the property changed into our names - not prior to that when it was in the deceased name for 13 months and I had paid for the funeral, burial and all utilities, HOA fees, insurance and taxes during that time. It is confusing because this was a Summary Administration. I am under the impression that all expenses incurred after the property was changed to our names can be dealt with in the closing contract, but what about the expenses between the time of death and that point?
A: You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you to have these costs paid. Summary administration is not designed to reimburse people for their out of pocket expenses unless those expenses are itemized and listed on the petition and then designated to be paid off the top on the court order. If you still have trouble even with trying to list the expenses on the closing statement to be paid at the time of the closing, then you could file an amended petition for summary administration and list the expenses to be paid with the order. This only works however if there is cash in the estate. If there is no cash and just the homestead then your only real option is to include all the expenses on the closing statement and see if your sister will sign the closing statement; if not, you can negotiate with her at that time so that you get paid what you will be satisfied with and the closing can still go through.
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