Legal Question in Wills and Trusts in Virginia

Executor Abuse???

My grandmother passed away and left money to be split between me and my mother and sister, my mother did some of the estate stuff but then decided to hire an attorney because it was to much work. She told my sister that she was going to keep 5,000 of mine and 5,000 of my sisters to repay her for the work that she did. . which wasn't much. . at all. .is that legal???


Asked on 2/11/08, 11:49 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Executor Abuse???

Executor's fees should not run more than about two to three percent of the total value of the estate. However, this fee rate would apply to an executor who actually completes the job which your mother apparently did not, and even without knowing the total value of the estate, her claims would appear inappropriate.

It would seem readily apparent that whatever is charged to the estate should be limited to the fees actually paid to the attorney and should not include any compensation for your mother's initial minimal efforts, such as they were.

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Answered on 2/12/08, 7:07 am


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