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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53971
Experience:  29 years of experience practicing law, including tax and estate planning.
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I am the sole personal representative of my father's estate

Customer Question

I am the sole personal representative of my father's estate as named by him in his will. He also stated in will that I am to be compensated for my time in administering all. I have a very greedy, non-helpful older brother and sister who have questioned everything I've done, demanded receipts for everything, tried to have my sister appointed as co-representative... Additionally, I was my father's sole caregiver, taking him into my home during his illness... Dad died a year ago yesterday. The total probate value filed = 395,123.35. Dad also had a trust for which I am also the sole representative and that value is approximately $85,000. What am I entitled to as compensation for all I have done. I have listed real properties, sold vehicles, set up estate bank account, maintained properties, paid/am paying all bills and ongoing expenses, filed tax returns, worked with brokerage to sale stocks, met with attorney, filed will, probate inventory etc, etc. As I say my brother and sister have been horrible to me throughout, I am not a greedy person and would not really have considered wanting anything additional for my service to my dad. However, I've become fed up with their lack of concern for my feelings toward the loss of my dad who they know - and have always been jealous of - was also my best friend. Both of my siblings are married and quite successful. I was widowed 15 years ago about the time my mother died, so it has been Dad and me... Again, I'm not greedy, but my dad stated in the will I am to be compensated and I have decided I want to be. So, long - and sad, embarrassing story as I know my father did not foresee my sibs behavior and know he wanted to know I am ok - what would you advise...? Thank you
Submitted: 11 months ago.
Category: Estate Law
Expert:  Richard replied 11 months ago.

Good morning. My name is ***** ***** I look forward to helping you.

This is covered specifically by statute in SC. The following SC probate code provision provides you the answer you seek:

"South Carolina Probate Law SECTION 62-3-719.
Compensation of personal representative.

(a) Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the appraised value of the personal property of the probate estate plus the sales proceeds of real property of the probate estate received on sales directed or authorized by will or by proper court order, except upon sales to the personal representative as purchaser.

The minimum commission payable is fifty dollars, regardless of the value of the personal property of the estate.

(b) Additionally, a personal representative may receive not more than five percent of the income earned by the probate estate in which he acts as fiduciary. No such additional commission is payable by an estate if the probate judge determines that a personal representative has acted unreasonably in the accomplishment of the assigned duties, or that unreasonable delay has been encountered. "

Expert:  Richard replied 11 months ago.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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