Legal Question in Wills and Trusts in New York
Attorney's Fees for Executor of a Will
The executor of my stepfather's will is a lawyer who was a close friend of his.
Is the executor now allowed to collect attorney's fees in connection with the settling of my stepfather's estate?
Asked on 9/23/01, 9:35 pm
1 Answer from Attorneys
Norman Nadel
Norman Nadel, Esq.
Re: Attorney's Fees for Executor of a Will
An executor who is also the lawyer for the estate is entitled to receive an executor's commission and a legal fee provided your stepfather signed a disclosure statement. The disclosure statement essentially states that your stepfather was advised that the attorney was entitled to both the commisssion and the fee.
If there is no disclosure statement, then only either the commission or the fee is payable, at the discretion of the Surrogate.
Answered on 11/06/01, 8:55 am
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