Legal Question in Wills and Trusts in Illinois

Standard Fees an Executor can Charge

My Aunt died about 1 year ago. She had a trust set up for her entire estate and named the lawyer who wrote the Trust as the executor. After all was said and done, he ended up charging over $100,000 on a $2 mil. estate. This seems extremely excessive (over 5%). What is the standard fees an executor can/should charge. If this is considered above standard practice how can I challenge these fees. Also, is it even worth it to challenge these fees (i.e. what are the chance I would win, how much would I really save after hiring a lawyer to contest, will their be court feees or a court appointed forensic accountant that will end up costing more than it is worth). Thanks for your help!


Asked on 12/19/06, 5:47 pm

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Standard Fees an Executor can Charge

When the drafting attorney serves as executor (and his own attorney?) this can sometimes creates fees issues and problems. Every case is unique and the standard is simply whatever is reasonable. But in and of itself $100,000 on a $2 million estate is certainly above the "norm". If there were disputes or litigation or other problems then maybe it can be justified, but otherwise that is likely high. If challenged in court the executor/lawyer would have to establish reasonableness and show the time he expended for the estate.

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Answered on 12/19/06, 5:56 pm


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