My question involves estate proceedings in the state of: Alabama. Currently in the 2nd year of acting as the PR for a relative's estate. A will contest prevented any actions for the first 11 months. That contest has been resolved and the will accepted by the court. One of the major assets is a large home on 120 acres. I have just completed a court approved sale of the property, paid of the mortgage and have the remaining funds deposited in an escrow account. I do have an attorney but occasionally his answers are a bit convoluted.
My question is this. During probate, I have paid approximately $100K in property expenses (Mortgage Payments, Utilities, Insurance, Property Tax, Pool Maintenance, Lawn Care and Repairs). The proceeds from the property goes to a group of heirs (group A). The residual portion of the estate goes to group B. There is an overlap of heirs between the two groups. To me it seems like those expenses should come out of the proceeds of the sale. The lawyer says that it normally comes from the residual portion but he says it is normally the same heirs so that it doesn't matter. He is suggesting that we ask the judge to rule on it. I'm trying to understand what is normal and if there is any case law on the subject.