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?


Asked on 8/14/07, 8:35 pm

2 Answers from Attorneys

James Swain Swain Law Firm

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.

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Answered on 8/15/07, 3:46 pm
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

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.

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Answered on 8/18/07, 10:04 pm


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