Legal Question in Wills and Trusts in New York

I have been told that becausemary my aunt had a specific bequeath of her property to my cousin and me. I can not take an executor fee on the proceeds of the property. Is there any benefit to the way it was written as a specific bequeathal in New York? It does seem unfair, for the amount of work that I have and will do to settle the estate, which consists of only the property after all bills paid,

Thanks.


Asked on 1/31/10, 5:15 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

I have not seen the Will so it is difficult to answer the question. If the specific bequest was given to you with the stipulation it is being given as consideration for your services as Executor, what you have been told is correct. If there was no language denying you a fee, I believe you may charge one, even if you have been left a part of the estate. A review of the Will is necessary for a definite answer.

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Answered on 2/06/10, 11:51 am


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