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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I cared elderly brother after my sister died and he

Resolved Question:

I cared for my elderly brother after my sister died and he lived with me for 6 years without the support of family, the stress at times was unbearable saying things like I only cared for my brother to get at his money. He died in November 2012 and left a farm with 40000. in the bank. 23000.00 went to various nieces nephews and charities. I was the executor of his will I want to know if I am able to ask for expenses
Jenny
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi Jenny, thanks for your question, I will try and assist you with this.
In order that I can advise you appropriately, are you referring to expenses for acting as executor or expenses for him living with you?
Customer: replied 2 years ago.

mainly the expense of Brinley living with me. I lost 6 years of my life ( know it sounds dramatic) the stress was unbearable at times

Expert:  Kasare replied 2 years ago.
I am afraid you would not be able to claim the costs of him living with you against the estate unless your uncle made it clear to you whilst living with you that he would pay or had made a provision in his will for this.
If this was suggested and not done, then you could make a claim against the estate. However, being the executor would complicate matters further and it would be a conflict of interests to be an executor and claim against the estate.
As executor you can claim your reasonable expenses for dealing with the matter, i.e. telephone costs, travel costs (if incurred), postage etc.
If he has not made any provision in his will for you, then you could speak with the other members of the family and see if they are agreeable to reimbursing you from their inheritance of the estate your costs of caring for him.
I am sorry this is probably not the answer you wanted to receive, but payment for care provided should have been discussed before or during him living with you.
If there is anything else I can help you with on this, please ask.
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