Hello Mr CHESTER. my question is this. My brother is Executor and doing fine. It's a little over a yr. He an I did repair work and waited fo...

Question

Hello Mr CHESTER. my question is this. My brother is Executor and doing fine. It's a little over a yr. He an I did repair work and waited for Medicare and United Healthcare and Doctor bill issue to get straight. I understand usually at least 1st months you do nothing but wait for this stuff to come in. Then you know Medicare is slow too. Our sister has been almost harassing from 2 wks after mom died to sell the house and wanting to know what is she getting. We sit with her and her attorney today but she is trying to take my brother's Executorship. It is only a old house he and I are trying to buy, needs work, $209,000 reverse mortgage. She hasn't helped with a sale price agreement. We thing the Realtor was right at $275,000 to $300,000 which matches the sold comps in the area. Also my brother was mom's total and only caregiver for 3 yrs. Mom had Alzheimer's He also had POA. Is he entitled to some compensation since this was his fulltime job for 3 yrs? Is the comp price above fair?

Answer

This is a typical situation where the heirs cannot agree or understand the delays. Of course a year to handle a relatively simple estate does seem a little long. If your brother expended any money assisting Mom that he was not repaid, he could put in a claim. While he may not be entitled to an hourly rate as caretaker, he could be reimbursed for any out-of-pocket expenses he incurred plus mileage if he drove Mom around, like to doctors. Since your sister has been on your backs and seems to be pushing for her share of the estate, it might be a good idea to have the Court review and approve any reimbursement claims. Plus, as Executor, your brother is entitled to a fee for his services. I suggest this should also be approved by the Court. Finally, since your sister may contest the sales price as well, it might be a good idea to have the Court approve the sale as well. Perhaps the suggestion that the Court look at everything, and the time delays and extra legal fees involved, some of which will reduce your sister's share of the estate as well, may act to calm her down and be more agreeable to these matters without going to Court. Good Luck.