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gingerdog1 · May 2, 2015, 07:54 AM

I was the durable power of atty for my late uncle. He wanted to be home during his decline so I did his bills pills laundry grocery shoppn bathn etc... I never charged him anything. He has since deseased and I am now the executor of his estate. I did not know I could reimburse myself for everything I did when he was alive but it does state it in the durab pow of atty papers. Can I now since he is deceased and am executor reimburse for these expenses and time while he was living??

Fr_Chuck · May 2, 2015, 06:28 PM

The issue is that it is not really power of attorney, that is merely signing for him, if he could not sign. You were a care giver, an employee basically and that service needed to have been decided and billed while he was alive.

The POA ended upon his death, so you are no longer the POA.

You could claim a fee for the services you rendered, but would need to show that it was understood and accepted agreement, (which it was not, since no fee was discussed with your uncle)

Who are the other heirs ? Is the estate large ? Who may dispute this payment if you were to do so?

ScottGem · May 3, 2015, 01:23 PM

it does state it in the durab pow of atty papers

That is the paper that your uncle signed? If so, then you should be able to put in a claim against the estate for reasonable fees.

gingerdog1 · May 6, 2015, 08:13 AM

Thank you so much form your advice. I informed heir estate and he said it was reasonable to reimburse me for taking care of his grandfather! Otherwise you are right I would have to put a claim against estate and he did not want that! He was very nice about it and knew how much I took care of his grandfather! Thank you again!

Originally Posted by gingerdog1

Thank you so much form your advice. I informed heir estate and he said it was reasonable to reimburse me for taking care of his grandfather! Otherwise you are right I would have to put a claim against estate and he did not want that! He was very nice about it and knew how much I took care of his grandfather! Thank you again!

your advice was very helpful!

Originally Posted by Fr_Chuck

The issue is that it is not really power of attorney, that is merely signing for him, if he could not sign. You were a care giver, an employee basically and that service needed to have been decided and billed while he was alive.

The POA ended upon his death, so you are no longer the POA.

You could claim a fee for the services you rendered, but would need to show that it was understood and accepted agreement, (which it was not, since no fee was discussed with your uncle)

Who are the other heirs ? Is the estate large ? Who may dispute this payment if you were to do so?

Thank you so much form your advice. I informed heir estate and he said it was reasonable to reimburse me for taking care of his grandfather! Otherwise you are right I would have to put a claim against estate and he did not want that! He was very nice about it and knew how much I took care of his grandfather! Thank you again!

AK lawyer · May 6, 2015, 10:01 AM

... I would have to put a claim against estate and he did not want that! ...

He thought he didn't want it because he probably didn't understand. A claim against the estate is simply (in most places, anyway) a written bill submitted to the personal representative. No big deal.

And previously you wrote that you are the executor. I wonder why the heir didn't want you to submit a claim. It would reduce the estate or inheritance taxes, if any.

ScottGem · May 6, 2015, 10:24 AM

If you are the executor it is not up to the heir, but up to you to see that the claims against the estate are handled properly.