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    steve1953's Avatar
    steve1953 Posts: 1, Reputation: 1
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    #1

    Dec 16, 2013, 12:40 AM
    Can the executor of an estate file a lien on property for their executors fees
    My sister filed for executor of the estate of our mother as soon as she passed away without consulting with the other 3 siblings. The estate is 5 equal shares the 4 children and the step father. The step father has a life estate in the house but now that he has remarried he will sell his share to us so we can sell the house and settle the estate. The sister that is executor will not do what it takes to get a loan to buy out the step dad and said she would just step down as executor. Then she turned around and filed a lien for her executor fees even though nothing has been done to dispose of the property. Can she do this?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Dec 16, 2013, 05:01 AM
    How much is she wanting?
    Did she pay for any expenses out of her own money, such as burial or cremation, death certificates, etc?
    Why don't all of you, including your stepfather, just put the house up for sale? It makes no sense to buy out his share unless you all want to live there.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 16, 2013, 06:07 AM
    You say she filed, do you mean she went to probate court to probate the estate? Did mom have a will? She would only have been appointed executor by a probate court and only if the other heirs did not file an objection. Unless a will specified her as executor.

    If step dad has a life estate, that becomes void if he decides to vacate. He can also give that up. I don't see why he needs to sell his share or the estate buy him out, he just needs to participate in the sale.

    If the sister incurred expenses as part of being executor, she can file a lien for those expenses. She will need to provide an accounting of them. And then the amount of the lien is paid at the closing of the sale.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Dec 16, 2013, 06:14 AM
    Quote Originally Posted by ScottGem
    ... If step dad has a life estate, that becomes void if he decides to vacate. ...
    Not, in general, true. His life estate, if that's what he has, lasts as long as he does, whether he chooses to live in the house or not. He may, however, have what some places call a widow's (or in this case widower's) alottment. That may be different.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Dec 16, 2013, 06:27 AM
    OK, I stand corrected, but that still doesn't mean that the estate needs to buy him out. If he inherits 1/5 of the house under terms of a will or laws of inheritance, then all he needs to do is sign the deed at the sale.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #6

    Dec 16, 2013, 01:24 PM
    Scott, the stepfather's life estate has a value that's independent of his share of the estate. Why should he give up his life estate and not be paid for it?
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