Legal Question in Wills and Trusts in New Jersey

Re: executor fees

I don't know if you are asking a question about NC law or NJ law. In NC you do not have to take the commission. You can waive it. It might not even be wise to take it if you are also an heir. Your brother (and sister) should speak with their accountant.

- Jeff

Re: executor fees

I agree with Jeff, that in most states the fee is optional, not mandatory. There is no correct answer to your question, as there could be many reasons to take it or not to take it. For example, your sister might need the money and is embarrassed to admit this, so she wants to justify it by having your brother do likewise. Sometimes, for estate or inheritance tax reasons it may be beneficial tax-wise to take the fee, to lower taxes. In most instances, the fee is waived if all beneficiaries are siblings, but there is no hard or fast rule on this. More facts need be presented to give you a better answer, but it is something you might want to discuss with your siblings. I have handled estates where the fee was taken because of excessive aggrivation caused the executor by his siblings, so he took a fee he otherwise would have waived.