After four years of will probate, I was finally made executrix for a will signed 4 years before death and the will was found to be totally complete and legally binding - witnessess deposed etc This was way too long of an ordeal for a legally sound instrument. As an executor, I spent many hours , days , months and now years , with over $18, 000 UPKEEPING the Property ( a residence ) until it finally sold last year. The title /deed is in my name and shared with siblings . My role as executrix, was first to upkeep the residence, which needed to be cleaned out, it was then vandalized and had water damaged,utility bills, taxes and insurances among many maintenance items, were I paid on time etc. I was doing the duties well before the surrogate court legally recognized me thats for sure. My concern is my own attorney may thinks the executor fees for NYS will not apply to me since the gross assets dont apply from the sale of the house, just the estate, which is 100% mine ( a 50% portion ) of the Gross sale. Is that true? What if I was a perfect stranger , not an heir but an administrator, took care of the house, which now benefits three other siblings from its sale without their contribution to maintain whatsoever over 4 years? I need an answer simply, should I be paid commission fees from the gross sale of NY property ( some 250K) , which I think is correct or just the split share of the distribution of the property. I need two items to be considered before distribution of assets, my outlay of 18K just for 4 years of upkeep and also my NYS executor fees , based on the sale of the house. Do you agree? To keep it simple, the house sold for 250K. there were back taxes, liens and real estate commissions , which reduced the gross to 100K. I am stating I should also be paid not only the 18K I used to upkeep the house but also the NYS commission fees, based off the gross sale.
The property still needed admin to maintain it and all its utilities all these years. I believe I should have been given payment as an other debt incurred such as the realtor , and yet I was ignored at the sale table when checks were passing to all but me. I have mentioned this many a time to my attorney. Due to the sensitovity of the will, he has held all the assets and gave me one check last July, house sold Feb 2012 . to pay pay off the landscaper his final bill. Meanwhile, I paid the landscaper out of pocket for 4 years and have not been reimbursed. I have instructed the estate attorney to begin distribution and he continues to lag. I need some concrete cases to site him why he should pay me 100% my out of pocket asap , and also to fight for my NYS executor fee. ( some 6K) Thank you for your anticipated assistance.