[WSBAPT] Executor's Pre-death Expenses

[Paul Neumiller]

Teresa, see:

RCW 11.40.140

Claim of personal representative—Presentation and petition—Filing.

If the personal representative has a claim against the decedent, the personal representative must present the claim in the manner provided in RCW 11.40.070 and petition the court for allowance or rejection. The petition must be filed under RCW 11.96A.080. This section applies whether or not the personal representative is acting under nonintervention powers.

 



 

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Mark Higgins
Sent: Wednesday, July 20, 2016 4:05 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Executor's Pre-death Expenses

 

Teresa--it seems to me this is not an estate expense but instead a debt of the decedent.  His arrangement with his daughter was that when she came out to assist he paid the travel costs.  This happened while he was alive and thus, when he died, he owed the last travel.  Technically she has a claim against the estate.  She should bill the estate in a manner which satisfies the creditor claim requirements and then pay herself with an estate check, the same as she pays the decedent's other bills and debts.  Nonintervention, so no big deal.

 

Mark

 

On Wed, Jul 20, 2016 at 2:43 PM, Theresa Tilton <jdmama82 at msn.com <mailto:jdmama82 at msn.com> > wrote:

Advice, please, concerning reimbursement of travel expenses:

 

Decedent is the executor's father. At her father's request, the executor travelled to Washington from the east coast to attend to her father during his last illness.  Is it a legitimate expense of the estate to reimburse her for her travel expenses? If so, should it be considered as a medical expense? How else?

 

The father had been in declining health for several years. In previous years, when she had travelled to help her father during times of his medical need, her father had reimbursed her travel expenses.  Her two brothers live in California and they were not able to come to Washington at those times, so the brothers had no comparable expenses.

 

Executor was medical POA and the estate is non-intervention.

 

Thank you for considering my question.

 

Theresa Tilton, Port Orchard

 

 

 


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-- 

Mark T. Higgins
Mark T. Higgins, P.C.

P.O. Box 57
Darrington, WA 98241
206-491-2420

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