How much authority does a personal representative have over an estate?
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How much authority does a personal representative have over an estate?
My mother recently passed away and she put her next door neighbor, who is a truck driver, as the representative for her Will. She left cash, CDs, and a house that’s in very poor condition. The representative now wants to do major repairs to the house before it is sold. They include:all new siding, all new windows, all new doors, new air conditioning, new floors and carpets. Can he legally take money from the estate to do these repairs? I would rather have the house sold as is. Also, he now wants a fee for being the representative, although he stated before her death that he would take no fee.
Asked on June 18, 2011 under Estate Planning, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your loss and for the ensuing problems. The Executor of the Estate (the personal representative named in the Will, has a great deal of power to do as they think in carrying out the wishes of the decedent as expressed in their Will. How the Will is worded may give some insight in to the answers to your questions. And if you think that the actions of the executor go against the wishes of the decedent or that they are not prudent given the circumstances (money in to the house versus recouping the money in this market) then you have a right to object. An attorney will let you know how that is done. As for the fee, unless it says no fee in the Will they are generally entitled under the law to take it. If he did not sign a waiver then he still can do so. Good luck.
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