Are we required to pay my deceased father's bills out of our inheritance?
Full Question:
Our father passed away a year ago and we are now told that the money is made out to the daughters, equally, and at the attorneys office to be picked up. The executor said that the bills still need to be paid to her, the attorney and one doctor bill.
1. Is there a set amount that the executor is paid in Wisconsin?
2. Doesn't the lawyer have to supply a statement of where the money
came from?
01/31/2007 |
Category: Wills and Estates |
State: Wisconsin |
#1046
Answer:
The heirs are entitled to notice and the opportunity to be heard at all critical
points in the proceeding. It is the responsibility of the executor to prepare an
inventory of assets, an accounting and proposed distribution of the proceeds
of the estate. The executor normally hires an attorney to help in the
preparation of, or to prepare, these documents. You have a right to see a
copies of the inventory, accounting and the order or decree of the court
regarding distribution of the proceeds.
Wisconsin Statutes
857.05 Allowances to personal representative for expenses and services.
(1) EXPENSES.The personal representative shall be allowed all necessary expenses in the
care, management and settlement of the estate.
(2) SERVICES.Subject to the approval of the court the personal representative shall be
allowed for his or her services commissions computed on the inventory
value of the property for which the personal representative is accountable
less any mortgages or liens plus net principal gains in the estate proceedings
at a rate of 2% or a rate that the decedent and the personal representative,
or the persons who receive the majority interest in the estate and the
personal representative, agree to in writing; and such further sums in cases
of unusual difficulty or extraordinary services as the court duty, his or her
compensation for services may be reduced or denied.
(3) ATTORNEY FEES AND COMMISSIONS.If the personal representative or any law firm with which the personal
representative is associated also serves as attorney for the decedent’s
estate, the court may allow him or her either executor’s commissions,
[including sums for any extraordinary services as set forth in sub.(2)] or
attorney fees. The court may allow both executor’s commissions and
attorney fees, and shall allow both if the will of the decedent authorizes the
payments to be made.