Legal Question in Wills and Trusts in New York

Where do legal fees come from?

I am trying to find out where the lawyers fees for handling my fathers will comes from. We were told that they come out of the executers fee. Is this true? I assumed that it was paid for out of the estate.


Asked on 7/16/04, 9:54 am

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Where do legal fees come from?

Lawyer's fees are usually paid from estate funds.

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Answered on 7/16/04, 10:33 am
Walter LeVine Walter D. LeVine, Esq.

Re: Where do legal fees come from?

The executor has the right to retain an attorney. The fees of the attorney are paid out of the general estate, not by the executor from his/her commissions. These are 2 distinct charges, independent from one another.

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Answered on 7/16/04, 10:58 am
Arnold Nager Arnold H. Nager, Esquire

Re: Where do legal fees come from?

The fees for the attorney probating the will are paid out of the estate assets as are the commissions for the executor/executrix.

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Answered on 7/16/04, 11:45 am


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