Can a personal reresentative receive payments prior to estate settlement?
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Can a personal reresentative receive payments prior to estate settlement?
This is above the stated % for providing general services.
Asked on April 23, 2011 under Estate Planning, Wisconsin
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It depends on if the personal representative obtained court approval for certain costs (specific costs), then yes, a personal representative can receive payments prior to full estate settlement. If there is an issue with the estate representative (a fear that this person is wasting assets or abusing the system), then the issue is one for a person who has jurisdiction to bring the matter to court (probate court). So if you are a beneficiary, you should consider hiring counsel to represent you personally you in this matter and bring an action for a declaratory ruling or at least a motion for accounting.
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