Legal Question in Wills and Trusts in New York
estate
Can the attorney/executor of my mothers Will take his fees for service without our consent from the estate and not tell us. I thought we had to sign a release before he could take both the excutors and the legal fees.
Asked on 7/21/09, 2:39 pm
2 Answers from Attorneys
Norman Nadel
Norman Nadel, Esq.
Re: estate
The fee for the attorney-executor is limited unless your mother agreed in writing to the payment of a fee and commission. He is not to take his fee or commission unless all of the parties interested in the residuary estate consent in writing or the Surrogate gives permission.
Answered on 7/21/09, 3:59 pm
Walter LeVine
Walter D. LeVine, Esq.
Re: estate
I agree with Norman. Taking a dual fee without consent or approval is a no/no. I usually, when I act in a dual capacity, include this in my accounting and get everyone's approval first. This is as it should be.
Answered on 7/21/09, 4:52 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
