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We are located in California. I have been her executor health director financial POA (bill payer) and know when she passes California allows me to take a small percentage as a fee but can I take an executor fee out yearly? This is not a tax free financial gift but a fee for my work. Thanks.

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My DH is the executor of his mother's estate. Before that he was her POA. He was never paid anything as POA. (It's a truly thankless job) And as executor, though he is entitled to X many dollars per hour for his time, our BIL has told him he is not allowed to take any pay.

I will be glad when this estate is closed out. I never want to talk to his sibs again.
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sp196902 May 31, 2024
Your BIL has NO say in anything. Legally he is allowed a percentage and he should take that percentage based on the laws in your state. If anything just to give the proverbial one finger salute to this gas bag.

I really don't know WTH is wrong with your DH that he can't stand up to anyone truly vile like BIL, his sister and his mother but treats you so poorly. It is truly sickening.
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As Alva said, your POA should say if you get paid a fee for services rendered.

Your Executor fee does not come in until her estate is probated. When the home is sold (took me 2 years), and all bills paid, there will be an accounting and in that accounting you get your fee and not till then.
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No, executors do not collect when they are not executors, and you are not an executor until your mother dies. You currently, in fact, have ZERO to do with that will in any way.

Your POA document describes EXACTLY how much you can get paid for serving as POA, so pull it out and read it.
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You are not acting as 'executor' until your mother dies and you are doing the tasks of an executor. After all, in theory your mother could change her will and appoint a different executor! Any charge you make now has to be as POA. Many people with a Power of Attorney do charge for their work (eg lawyers who get the task professionally), but it should be set out in the POA document. Have a look at it to see is the wording would allow it.

I'd suggest that you keep a record of your work now, and if you need the money now, you take a 'loan' from M's finances. At the same time, you think carefully about whether there are any beneficiaries under the will who are likely to object to this arrangement. If it's contentious, you are on very shaky ground. If no-one is going to object, it probably won't be a problem. If it's in the middle, see if you can get the potential objectors to take over some of the POA work, under your supervision of course. That may help them to see the light!
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Never heard of an executor of an estate or will being paid for handling a will prior to the person whose will it is passing away. An executor of a will is an entirely different role than a POA, and POA normally doesn’t involve payment
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