Legal Question in Wills and Trusts in Illinois
Estate Attorney and Executor Fees
What is the course of action required to protest estate attorney and executor fees that appear to be unreasonably high?
2 Answers from Attorneys
Re: Estate Attorney and Executor Fees
Generally executor fees are set by law. In many cases Attorney fees are subject to local customs. The Judge has the final say over the appropriateness of the fees.
You would need to file a petition objecting to the fees and request the court review the fees and reduce them.
Re: Estate Attorney and Executor Fees
In Illinois, the amount of the executor fee is not set by law. The statute simply allows for a "reasonable" fee. What is reasonable depends on the circumstances, what can be agreed upon, and ultimately, if asked to decide, what the judge thinks.
The course of action is typically to file an objection to the executor's accounting.