The reason it didn't happen was that every single asset was identified in the will to go to particular heirs, I'm talking even down to file cabinets! To sell assets to pay estate expenses would have meant that one heir or another would not get what they were left in the will. It was explained to me that the administrator of the estate had to do everything in their power to see the terms of the will were followed, otherwise they could be found liable. At the end, we asked for legal fees and estate expenses hoping the judge would order everyone pay their share but the judge didn't award legal fees and just ignored the rest. I still can't understand why at least legal fees can't be added to basis. For instance, if I would've been the one challenging the will and prevailed, wouldn't those legal fees be part of obtaining the property in question? As it was, I was wearing two hats: one as administrator of the estate & one as beneficiary of the will, those legal fees were part of obtaining the property and without those legal fees I certainly wouldn't have owned the property to be able to sell it...
