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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22560
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My father-in-law passed away some 18 months ago. And the

Customer Question

My father-in-law passed away some 18 months ago. And the house he lived in is finally being sold..over the past 18 months I have carried out approx 277 hours work on the place bringing it in order to sell. I am also one of the executors and the house will be split three ways in the family. The other two members have taken a back step in this process both for genuine reasons. Can I charge the estate an hourly fee for this work I have done if so what would be fair. Also over the past 18 months my wife and my self have paid all the bills power water rates etc also 1800 dollars in materials paint wood etc can we claim this back from the estate also. Regards Alan
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

You can claim the actual bills which you paid, although the time spent on the property may need to be justified and agreed by the others, although as executor you can organise this work and seek reimbursement

Customer: replied 1 year ago.
You say may need to be justified, so if I have the hours I worked and the reason why is that justification?
And as an executor I can organise work and seek reimbursement, is there any reason why I cant get paid for that work.
Customer: replied 1 year ago.
Is there any past instances you know of, of executors doing work and getting paid for it by the estate?
Expert:  Chris The Lawyer replied 1 year ago.

Under the Administration Act you technically need to to get court approval, but in a family situation you should explain what you have done and how this has added value to the property to get a much better value for the sale. They should agree, but if they get difficult, as the executor you do have the power to spend the money where needed and get reimbursement

Customer: replied 1 year ago.
Okay thank you
Expert:  Chris The Lawyer replied 1 year ago.

It's best, ***** ***** to run this past people first

Customer: replied 1 year ago.
Probably a bit late now Ive done all the work, yes I believe it really enhanced the property Painted numerous rooms replaced light fittings laid new carpet. So I assume I will be covered under the powers of an executor, Where can I read about the powers of an executor
Expert:  Chris The Lawyer replied 1 year ago.

There are legal texts such as Neville on Wils and Trusts, which may be in your library, but otherwise is sold for about $150

Expert:  Chris The Lawyer replied 1 year ago.

You can also look at Wikipedia

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