Legal Question in Wills and Trusts in New York

No. Your commission is separate and apart from your inheritance.

I agree. Your fee/commission is taxable income, although not subject to SS.

The short answer to this question is "no". An executor's fee is separate and apart from a distribution. I can appreciate the commentor's desire to minimize taxes. The executor may choose to waive his/her fee which would in fact allow that fee to go back into the estate to be distributed amongst the many beneficiaries. However, whether or not the ultimate distribution will have a tax component depends on the character of the assets. You should consult a tax, trust & estates professional, as this is not a simple question...

Marcel Florestall, Esq.

Senior Counsel

The Wooten Legal Consulting, PC