Legal Question in Wills and Trusts in Illinois
What happens when the one executor sues the other??
Who pays the executor fees in a suit brought against one executor by the second or other executor?
If there is no wrong doing does the defendant-executor have to pay for his own fees and not be reimbursed? And at what point is it justified that an executor be sued?
If the executor is sued and the complaint is not answered, resolved or is defeated in court, what or who is responsible for that executor's fees??
1 Answer from Attorneys
Re: What happens when the one executor sues the other??
Whether fees will be approved to be paid by the court depends on whether the judge believes the services were in the best interest of the estate.
If the services of the first executor (or the 2nd for that matter) were performed on behalf of the estate, and were not self-serving, it is likely that the court will approve payment of such fees.
Persons acting as executor should keep track of time involved, services rendered, and expenses incurred in order to have a solid accounting to present to the court and other adverse parties. This will strengthen the chance that the fees will be paid.
I would strongly advise anyone in this situation to sit down with an attorney to review what has happened and what to do to protect your rights.
This response should not be construed as legal advice.
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