Legal Question in Wills and Trusts in New York

Co-Administrator Fees

My question is regarding the fee given to co-executors of a will in NY state. I was under the impression that co-executors would split the fee equally. Are there circumstances when this is not true? Also, I thought the attorneys for the co-executors would also split their fee equally. Can you clarify?

Thanks


Asked on 2/07/06, 7:28 am

2 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Co-Administrator Fees

In the usual case, the maximum commission charged to an estate is two statutory commissions. If there is one executor, one commission is paid; if there are two executors, two commissions are paid, one to each executor; and if there are three or more executors an amount equal to two commissions is divided equally among them.

Legal fees are based on services performed. A very rough rule of thumb is that the legal fee for the counsel to the executors is equal to one executor's commission. If there is more than one counsel, the fee is divided based on services performed.

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Answered on 2/07/06, 8:34 am
Walter LeVine Walter D. LeVine, Esq.

Re: Co-Administrator Fees

I generally agree with Norman. However, the Executors' fees can be allocated among them as they decide. Sometimes one Executor does more work than another, and is compensated disproportionately. Attorneys' fees are usually based upon services rendered, so they could also be disproportionate. If there are any disputes, a Court could be asked to intercede and decide who gets what.

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Answered on 2/07/06, 11:50 am


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