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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33245
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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Is an executor of a will to be paid? If so by whom? My

Customer Question

Is an executor of a will to be paid? If so by whom? My brothers and my name was on our mother's house in Florida when she passed 5 years ago so the house was not considered an asset. My older brother, the executor, has insisted that my other brother and myself pay him for being the executor. The only actual thing she had was the house and some small checking accounts. She prepaid her funeral expenses and I paid any other miscellaneous fees from the funds in her checking account.
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my best to help with your situation or get you to someone who can.

Expert:  Barrister replied 1 month ago.

Yes, the executor is paid from the estate assets right after all funeral and burial costs are paid. So they are essentially first in line to be paid.


But if the house was jointly owned, it is not an estate asset and if the bank accounts were the only thing in her name, then they are the only assets that the executor could be paid from. Their compensation is set by law under FL Statutes 733.617 and he would get 3% of the first million in assets.


So if there is only a tiny amount in the bank accounts, it might not even be worth probating.


But the heirs are never liable to pay the executor, so you and brother have zero obligation to pay him for his services.




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