Counsel fees of 5% of the first $100,000 of the estate and 3% of balance over $100,000 were approved, but should have been paid from residuary estate and not proceeds of sale of property that had been specifically devised. Executor’s … Continue reading
Tag Archives: Executor Commission
All compensation denied to an executor who was unsuccessful in selling the decedent’s mobile home, allowed the estate’s bank account to be embezzled by her attorney, allowed specifically bequeathed property to be sold and then turned over the proceeds of … Continue reading
Executor’s commission that fell between 3% of the inventory value and 3% of the inheritance tax value was approved, and a surcharge for early distribution to the executor was denied when the amount of interest that would have been earned … Continue reading
Estate’s payment of inheritance on individual retirement accounts was proper when will directed that “all taxes that may be assessed in consequence of my death” be paid “from my residuary as a part of the expense of the administration of … Continue reading
Counsel fees of $34,848, paid from an estate of $102,852, reduced to $18,000, and executor surcharged for excess, when the testimony of counsel was conclusory and failed to justify the fee paid from an estate with no unusual complexities or … Continue reading
Co-executors of the estate of a deceased lawyer, who had served as his secretaries and performed much of the legal work in the administration of the estate, were allowed as commissions the same percentage of the estate that the decedent … Continue reading
Executor commission reduced in accordance with the fee schedule in Johnson Estate, and charitable distributions approved to charities selected by the trustees. Haffner Estate, 5 Fid.Rep.3d 195 (O.C. Monroe 2015). … Continue reading
One co-executor surcharged for legal fees paid to defend criminal harassment charge by beneficiary; another executor surcharged for payment of invoices for work supposedly done by the executor during decedent’s lifetime when there was a lack of credible evidence that … Continue reading
Surcharge for administration of estate for 18 years denied when real property held by estate was farmed and productive, there was litigation over condemnation of part of the property, there were disagreements among the beneficiaries over whether to sell or … Continue reading
10% executor commission allowed in a small estate of $48, 516.61, where beneficiary infighting and obstructionism created greater effort and time of executor; commission not limited to fee schedule under Johnson Estate. Duhovis Estate, 2 Fid. Rep. 3d 431 (O.C. … Continue reading