Legal Question in Wills and Trusts in Pennsylvania

My mother passed away in 2015. I am the executrix of the estate, and my brother and I are the sole heirs. The estate has been officially closed as of last month. All inheritance taxes have been filed, paid, etc. The estate checking acct has been closed as per instructions from my atty. A settlement check has arrived much sooner than expected. I know a supplemental probate form needs to be completed and inheritance taxes paid on this settlement. My question is, do I need my atty to do this or can I submit it myself as the executrix? I believe I have been grossly overcharged by my atty and do not want him involved in this estate any further. This is the ONLY issue left that needs resolution. My mother had 2 homes, one of which was sold to pay off the mortgage on the 2nd home, she had one car, a 2004 Toyota, and $500 in the bank. The total net worth of her estate was $100,000 and his legal fees he took from the estate were $16K!!!! I simply want to know if I can tell him his services are no longer needed and that as the executrix of the estate, I am filing the supplement and paying the taxes. The check was deposited into my personal checking acct since the estate acct was closed.


Asked on 10/27/16, 7:28 am

1 Answer from Attorneys
Rachel Hunter

Is all the money going to you? If not, then depositing an estate check into your personal account was unwise. I don't know how you were even able to do that if the check was payable to the estate.

You raise several issues. You are of course free to discharge your attorney if you desire and hire someone else. Attorney's fees are loosely based on the size and complexity of the estate and I cannot conclude that you were overcharged based on your say so alone. PA loosely follows a chart set forth in a case - the attorney's fees for an estate of $100,000 would be about 5% or $2500. If your attorney charged $16,000 then you and your attorney need to have a conversation as to why it cost well over this. Were there unusual issues? Real property in more than one state?

Can just supplemental forms be filed? Or does the estate actually need to be re-opened? What is the settlement for? A settlement suggests there was some kind of lawsuit - perhaps a wrongful death or survival suit. If so, are these proceeds even part of the probate estate? Without looking at the documents, I am loathe to offer any advice.

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Answered on 10/30/16, 9:02 pm


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