Executor spent all their money. Is this legal?

JoAnn - I believe executor % depends on your states probate laws. It can be flat % or a % of distribution. But whichever there needs to be assets to pay these; sometimes there’s little to no assets to pay debts. My experience is that claims (Debts) are paid by priority OR level of class of claim if that’s how your state runs probate. Like secured debts priority over unsecured ones. Btw estate recovery aka MERP is unsecured debt. CC debt unsecured too. Executor costs usually a priority or a Class 1 -3 claim.

K - 100K over 3 years for a couple isn’t at all unreasonable. In many ways quite a bargain, compare to $4500 a mo = $54k a yr just for dad. Fair market rental rates in many areas are $ 2k mo alone, so easily 75k “rent” in 3 years. Having family live with you isn’t necessarily to be run as a charity.

But if it’s looking like dad or mom will run out of $ & be applying for Medicaid there could be issues as to how your bro, as DPOA, structured the 100k paid over time. I’d personally have it so that he is the absolute point person for everything financial for them so he deals with NH bills, Medicaid applications and renewals and any transfer penalty/ gifting issues should they arise.

His being named executor only comes into play after their deaths. It could well be that if they don’t own a home there will be NO ESTATE for bro to be executor of as all $ has been spent for living and care in a facility.

Thank you all for your time and comments.
Note to Countrymouse, yes I did write in for my father-in law but now for my parents .

You can ask for the POA to prove what was spent. As executor he can take 6% of the estate for his work. I think first all bills have to be paid then anything left goes to this mentioned in the will.  

Kdr, I'm puzzled - a year ago on a different thread you posted that your father had died?

Thank all of you for your comments. He removed them from their home and for three years had them live with him. My parents took care of each other while there but my brother provided them meals. They were able to bathe and do their own toilet needs. As soon as mom was unable to walk to the bathroom she went to a full time facility for $3,200 a month for nine months. Now as soon it was recommended that my dad should go to hospice since he could not use his legs he was put into a hospice for $4,500 a month. I understand my brother should be compensated for his time but since they took care of themselves until they could not, he proved a safe home, meals and dispensed their meds to them. I am listening; is he entitled to all this money bc we need money now for continued care for dad? Thank you

It's just the one elderly parent, I believe - kdr's mother, his father having died some time ago. Even so, I agree that care costs can dispose of that sum quite reasonably.

kdr1ksr, it's not usual to spend $100k on elderly parents in a 3 years span. Getting old isn't cheap.

May I ask what are the medical issues of your 90 year old parents? Do they still live in their house? Does your brother live with them or has he hired private caregivers to help out. It's tough for one person to take care of two very elderly parents. Or are your parents living in a senior facility?

My Dad had around the clock professional caregivers [3 shifts] which would have cost him $240k for one year, and that is just for one person.

Power of Attorney and Wills are two separate documents. Thus, a POA would not be mentioned in a Will as a POA is no longer valid once a person passes. Once a person passes then whomever is the Executor takes over [it can be the same person as the POA]. There is no law requiring the Power of Attorney to show you the Will.

Executor does not take effect until after death. Perhaps he was POA as well? He spent 100k over three years of caring for parents in their 90's? That s just a bit more than 30K a year. If parents had been in a facility, it would have easily cost a minimum of 60K a year and probably closer to 100K a year. Did you think bro should spend have spent his own money to care for your parents?

You should hire an attorney if you want to challenge the executor.

If you are named in the will, probate court requires that you are notified as such.