I am beneficiary to a large 1.5 million dollar estate with a trust fund that is to last about 10 years…probate court is located in Wisconsin
The personal representative is not a relative but a close friend to my mother that recently died.
The wife (personal representative)has been chosen to be paid 2% of the value of the estate probate…
can she hire her husband to work on the estate and pay him funds from the estate ? The husband is getting paid lots of cash on the side…seems to me its a ponzi scheme…Im not sure of the Wisconsin statute laws on this matter…he has already charged the estate approx 5,000 dollars and is running a huge bill …the question is! are the husband and wife considered the same or as separate entities while the wife is the personal representative of the estate???
The value is $1.5M, 2% is $30,000; This is the situation where you hire a real lawyer and get their advice.
My IANAL wild guess -a s long as the work is really required, and the charge for the work is within the range an arms-length contractor would charge, then who is hired to do it is up to the executor. Otherwise, yes, it is “milking”. Are we talking things like accounting jobs and investment options, or are we talking painting, house repairs etc.? In some cases, teh question might come up whether the guy is qualified for the work.
I would definitively recommend that you consult a Wisconsin lawyer. There certainly is enough money at stake to justify the expense. The lawyer will be able to tell you whether, under Wisconsin law, a personal representative can hire a spouse to perform services for the estate and, if so, what limits apply to the spouse’s compensation.