Legal Question in Wills and Trusts in New York
Executor's commission
I have a Florida estate with a piece of real estate in NY. Is the executor entitled to the Florida statutory commission PLUS a New York commission on the $250k of New York probate real estate?
Asked on 8/19/08, 11:25 am
2 Answers from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
Re: Executor's commission
The Executor is entitled to commissions on all probate assets (assets passing under the Will) wherever located. While you may need ancillary probate in NY to have authority to transfer the NY property, your commission is determined under FL law, where your primary appointment has been granted. You cannot charge double commissions on the NY property.
Answered on 8/19/08, 11:54 am
David Slater
David P. Slater, Esq.
Re: Executor's commission
Since the NY property is not part of the Florida estate, you should be entitled to a commission in NY in the Ancillary Probate.
Answered on 8/19/08, 12:10 pm
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