Legal Question in Wills and Trusts in Virginia
Commissions on estates
My brother and I were appointed administrators of our father's estate at his death as our mother was not competent to act in this capacity. His will was probated and approved by the commissioner of accounts. We, along with the commissioner, were paid a commission. About a month later our mother died and we were also the administrators for her estate. Her will was probated and everything approved by the commissioner of accounts. We received a commission on her estate and the commissioner also. Now one of the heirs is upset because we and the commissioner received a commission on both eststes. Does he have a legitimate complaint. Thank you.
1 Answer from Attorneys
Re: Commissions on estates
No, the disgruntled heir does not have a meritorious complaint; two separate estates,
probated at different times, allow for compensating the administrators as well as the commissioner for their separate efforts required to complete the probate process for each of the estates.
The fact that the administrators involved as well as the commissioner were the same for each estate makes no difference whatsoever as each is entitled to paid for his or her work on the separate and distinct estates.
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