Legal Question in Wills and Trusts in Alaska

can an executor appointed by a decease charge inheritors for their services?


Asked on 3/28/13, 4:49 pm

1 Answer from Attorneys

Terrence Thorgaard Thorgaard Law Firm

Yes.

Alaska Statute 13.16.430, Compensation of Personal Representative, reads as follows:.

"A personal representative is entitled to reasonable compensation for services. ..."

Alaska Rule of Probate Procedure, 7.1. Personal Representative's Fee, provides as follows:

"A personal representative's fee shall be reasonable. The following factors may be considered in determining the reasonableness of the fee:

(1) the time and labor reasonably required of the personal representative;

(2) the complexity of the estate;

(3) the skill and training required to per Form the personal representative's duties;

(4) the amount and degree of individual liability to which the personal representative may be exposed during the performance of the personal representative's duties;

(5) the amount of time taken from the personal representative's profession;

(6) the expenses and costs incurred by the personal representative and whether those expenses and costs were charged to the estate;

(7) whether the personal representative retained agents and the fees charged, if any, by those agents;

(8) if the personal representative served in more than one capacity as attorney, accountant, appraiser, property manager, investment advisor, or another capacity, whether the personal representative charged separately for those other services or did not charge for those services;

(9) whether one or more persons or corporate fiduciaries are appointed personal representative; and

(10) other equitable factors deemed relevant."

Read more
Answered on 3/29/13, 6:56 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Alaska