Legal Question in Wills and Trusts in New Jersey

my mom died. my sister is the executrix and her husband is acting as the lawyer. they are taking a fee for his "work" and a "fee" for her work on the estate and my sister is also a beneficiary. is this ethical??


Asked on 7/25/11, 3:31 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I would need to know more to answer your question. She can charge a fee for her work as executrix, and he can charge a fee for his work as attorney for the executrix. However, they can NOT both charge for the same work. No double billing. And the fee must be reasonable.

Very often, the executrix will not charge a fee, and only the attorney will charge a fee.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 7/25/11, 3:42 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

The executor is entitled to a statutory fee ["commission"] based on the value of the estate. The executor is also permitted to employ an attorney, and can hire whoever she wants. The beneficiaries will be entitled to receive an estate accounting where all fees, costs, etc. are disclosed. You can also request an affidavit of attorney's services. If the fees charged are unreasonable [in the view of the court] then they will be reduced.

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Answered on 7/26/11, 6:16 am


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