Reimbursement for Admin

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  • #4024

    Flaco
    Participant

    When my father passed away, I personally paid the atty fees, and I was appointed independent administrator to handle the affairs of my father’s succession ( no on else in my family would step up). The only asset was a bank account which was turned over to the state and now sits in La unclaimed property. The Judgement of Possession is now complete and I can apply to have this money released to the heirs. My question is how do I claim reimbursement for the atty fees that came out of my pocket?

    • This topic was modified 2 months, 1 week ago by  Flaco.
  • #4026

    Flaco
    Participant

    To clarify, La unclaimed property requires the SS and DL of all heirs, so that they can issue checks. If done this way, I am out for the expenses of atty fees.

  • #4027

    Lex
    Keymaster

    If the only asset is a bank account that was turned over to the LA Treasurer’s office, then why was a succession done? Did they request it?

    PS: what was the total value of the estate?

  • #4029

    Flaco
    Participant

    Hi Lex, The house was foreclosed, vehicles were returned to financiers, so the only thing remaining was his back account of $7k. Total value? Heirs consisted of Myself, my sister, and my deceased brother; who had 3 children also listed as heirs.

  • #4030

    Lex
    Keymaster

    So, there was a will?

  • #4031

    Flaco
    Participant

    No sir, no will.

  • #4032

    Flaco
    Participant

    After paying the atty fee and being assigned admin, I called his bank to request that funds be wired to my bank. The bank manager told me of the documents I needed to provide to her to proceed. Within a week, I called the bank manager back with one lingering question and was told that she had turned the account over to the state.

  • #4033

    Lex
    Keymaster

    One thought that comes to mind is to get all the heirs to agree to re-pay you pro-rata from the proceeds. It is an exceptionally small amount of money in the scheme of things -so you would not think that would be a problem for them.

    It is too bad that a succession had to be started before it was known what the bank was going to do.

    I hate to bring this up at this time, but a succession was never necessary. A Small Succession Affidavit could have been done which would have required the bank to turn over the account to the heirs. That can even be done without a lawyer and the courts are not involved.

    And also, an administrator is entitled by law to a 2.5% fee and can ask for more.

  • #4034

    Flaco
    Participant

    Thanks Lex, It is a small amount and I’m just wanting to be reimbursed for cover the attorney expense. Nothing more.

  • #4037

    Lex
    Keymaster

    For those searching on the topic of Small Succession, it is:

    An estate with a gross value of $75,000 or less with no will. It can even include real estate.

    If all the heirs agree, a one-page affidavit can be prepared and no court gets involved.

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