Legal Question in Wills and Trusts in West Virginia

Executor's Fee for Probate vs Non-Probate

I am involved in a family dispute over the closing of an estate. Lawyer for the estate is not in co-opeation with most of the heirs. Short story - uncle dies 3 years ago. His sister is the executor. He leaves his wife a ''life-estate'' to his assets and then when she dies - it goes back to the heirs. His wife dies 3 years later. Same executor for the her estate also. Most of his assets were non-probate - given to his spouse when he died. The executor from his estate took 5 % of the non-probate assets also and then when the wife died - she took 5% of the same assets because they were now the wife's. Is this double dipping - can the executor take a fee from both estates - for the same assets? The main asset - the marital home - was left as right of survivorship - so when he died - the wife became sole owner - but yet the exector took 5% from his estate on the full market value of the house. The executor ended up with more compensation than some of the heirs because of this and no heir was to recive less than 8 1/3% - but since most of the assets rolled to the surviving spouse, the hiers only received compensation based on his probate assets - but the executor received a fee from both for the same assets.


Asked on 9/14/07, 11:04 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Executor's Fee for Probate vs Non-Probate

If you believe that the executor has improperly administered an estate in which you are a beneficiary, you could file a complaint with the probate court's commissioner of accounts who is supposed to oversee such administration and request that a hearing be held for an accounting of the subject estate's assets and a review of the executor's final report which has probably been filed by now before the estate is closed.

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Answered on 9/14/07, 11:32 am


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