Legal Question in Wills and Trusts in Virginia

Re: Can estate funds pay attorney fees?

If the loss had nothing to do with negligence or other nonfeasance which could be attributed to the executor(meaning you), I would surmise that you could charge the attorneys fees to the estate.

Re: Can estate funds pay attorney fees?

Is it true that the Atty in Fact acting under the POA acted prior to the death of your father? If so, I am not sure how you can attribute his expendatures towards his inheritance. I don't think that you have provided enough information for me to answer your question.

Maybe you need a more indepth analysis of your situation than you can get in an online question and answer session.

Re: Can estate funds pay attorney fees?

Clearly, yes. It is a valid expense of the estate

to sue to recover funds on behalf of the estate.

Whether or not you can or should sue is, of

course, an entirely different question from

whether the estate will pay for the legal fees.

However, I don't understand the first part of

your question.

An attorney in fact should only be spending

money for the benefit of the principal (now the

decedent). None of the money spent by the

attorney in fact should be for the attorney in

fact's benefit.

The estate may have a lawsuit to the extent

that the decedent before his death would have

had a rigth to sue for the same reason.