Legal Question in Wills and Trusts in California
Executer Collecting attorneys fees out of liquidated assests
Grandmother died 4 months ago and 4 main people to divide the assests. This includes two propertys worth a large sum of money. The executor is the son. He is selling everything. We have the will. He has recieved cash from the stocks and insurance being cashed in and today told my husband and his sister that they wont get anything that he is taking it all. He said that if we contest the will that we will be removed from it. The will says No one is to contest it. The executer is taking large sums of money stating that he is getting attorneys fees for all the hours he has to deal with this. He told us a month after the grandmothers death that he is taking 30 thousand dollers for having to clean out and rent a u-hual and storage for the items in the house. He is still adding up the feees. We need an attorney now becuase we know he has no plans on doing as the will says to do or as being an executor would want him to do. The thing is my husband doesnt live in the same area as his sister and my husbands sister wants my husband to give him power of attorney to her so she can speak or sign or recieve money for him to give to him. WE DONT TRUST ANYONE! What do we do about the power of attorney and not being in the same city?
4 Answers from Attorneys
Re: Executer Collecting attorneys fees out of liquidated assests
He is not an attorney, so he cannot collect attorney fees. If he is the named executor of the will, he is entitled to statutory fees that are set by state statute in the Probate Code, and they must be approved by the probate court when the final accounting is made.
Contesting his activities as executor IS NOT contesting the will. You are correct in that you may require professional legal help.
Re: Executer Collecting attorneys fees out of liquidated assests
It certainly sounds fishy if the executor is claiming that the costs of running the estate are eating up everything left in it, especially given the fact that there are large properties attached to it. You can seek legal intervention to prevent the executor from acting improperly, or to remove him, if that is warranted. You don't need to be in the same city to get a lawyer; you just need to get a lawyer in the area in which the court that is probating the will is located.
Re: Executer Collecting attorneys fees out of liquidated assests
Thank you for your email. You mention a lot of things within that email that do not sound right or proper. First, an executor cannot receive attorney's fees, though he is entitled to recover a statutory fee that could total $30,000, or more. If an attorney is involved, then that attorney can also receive a similar statutory fee.
Second, challenging the conduct of the executor is not the same thing as challenging the will. So the no contest provision does not apply to the former.
Third, based upon what you mentioned, I wonder if a probate has been started.
The bottom line is that you should strongly consider retaining counsel.
If I can be of further assistance, please do not hesitate to contact me.
Sincerely,
Kai H. Wessels, Esq.
(tel.: 887-Wessels)
Re: Executer Collecting attorneys fees out of liquidated assests
The fact that a will contains a "no contest" clause is not unusual, and will not relieve him of liability for wrongdoing as executor. Furthermore, as executor he owes fiduciary duties to the beneficaires, and any compensation he wants to petition for must be reasonable and is subject to court approval.
He has probably already hired an attorney to assist him in probating the will and administering the estate. I strongly suggest you and the other beneficaries contact an attorney with probate experience as soon as possible.
Please feel free to contact my office for further consultation. I am located in Los Angeles County and have specific experience in this area of law.
Todd Stevenson
818.784.5404 or [email protected]
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