Legal Question in Wills and Trusts in Illinois

How is the term "reasonable fee" defined in regards to an executor of an estate in the State of Illinois? What does a judge consider to be "reasonable" and how does the judge determine that?


Asked on 11/01/10, 12:12 pm

2 Answers from Attorneys

Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

This is actually not an easy question to answer as it's really on a case-by-case-basis. The court can look at the time spent, the complexity of the estate, the size of the estate, among other factors. Most importantly, whatever is being requested should be justified by being able to show the work done and time spent. Generally a good idea to keep detailed time records to document everything that was done.

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Answered on 11/06/10, 1:52 pm
Steve Raminiak Law Offices of Steve Raminiak, P.C.

In Cook and Lake Counties (and many others), a reasonable fee is generally calculated from time records. I generally advise my executors to to keep a journal of all of their time and --for each entry-- record the date, the amount of time spent, and the activity performed. These days, Courts commonly award rates of $25-$35/hour for such time. However, if the activity requires specialized expertise, Courts are often willing to raise that rate (but it may fall well short of a professional's going rate (e.g., a lawyer who acts as an Executor)).

There are also a bunch of other factors that the Court may consider to increase or decrease a rate. However, without knowing more about your situation, I'm not certain if any apply. Feel free to call me for a free consultation to discuss this further.

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Answered on 11/08/10, 9:00 am


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