Can a beneficiary of a Will charge for their time regarding maintenance and upkeep of estate property?
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Can a beneficiary of a Will charge for their time regarding maintenance and upkeep of estate property?
My brother is 1 of 3 beneficiaries in my mother’s Will. Everyone had work at the house and selling off personal items, cleaning, mowing and upkeep. He is the only one charging for his work; $14,000. He is claiming hours that he was there and saying it took 2 days @ 9 hours each day to mow. However, it only takes 3 hours a day. Additionally, he is charging gas for driving, plus claiming up to 11 hours of work in 1 day. There is no one to prove he did this or was even there the days that he says he was. He has now hired a lawyer and is trying to charge the estate for the fees. Is this extortion? He also owes the estate himself of $4000.
Asked on October 8, 2010 under Estate Planning, Kentucky
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I am sorry for your loss and for your troubles. Anyone who does work in order to make the house presentable for sale can charge a fee for the services that they perform. As to whether or not that fee is legitimate and can hold up in court is another story. He will have to prove that he did the work. Likewise you can charge for having to do work in the house that could have been done by those hired: cleaning, cleaning out, etc. Is there an attorney helping with probate? He or she should be able to advise the personal representative of the estate on how to proceed in this matter. And then how to resolve it without having to use the remaining estate funds fighting over the issue. Good luck.
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