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Home→Tags Executor Commission 1 2 >>

Tag Archives: Executor Commission

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Value of Rings; Compensation of Administrator Reduced

Value of rings determined by purchase prices from four years before, rather than an appraiser by a jeweler who did not actually examine the rings and misstated the size of the diamond in one of the rings. Compensation of the … Continue reading →

Posted in Opinions | Tagged Executor Commission, Market value

Conflict of Interest and Allegedly Missing Assets

An attorney who represents a beneficiary of an estate to remove an executor and who later represents the same person as successor executor does not have a conflict of interest. An objection claiming that the destruction of a computer caused … Continue reading →

Posted in Opinions | Tagged Attorney fees, Conflict of interest, Executor Commission, Personal effects

Executor Compensation Denied for Delays

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 →

Posted in Opinions | Tagged Attorney fees, Contempt, Executor Commission, surcharge

Executor Compensation Denied for Mismanagement of Estate and Theft by Attorney

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 →

Posted in Opinions | Tagged Breach of Fiduciary Duty, Executor Commission

Executor Commission of 3% Approved

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 →

Posted in Opinions | Tagged Duty of impartiality, Executor Commission

Inheritance Tax on IRA Paid from Residue; Guidelines for Executor Commissions and Attorney Fees

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 →

Posted in Opinions | Tagged Attorney fees, Executor Commission, Inheritance Tax, Johnson Estate

Counsel Fees Not Justified

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 →

Posted in Opinions | Tagged Executor Commission, surcharge

Executor Commissions for Legal Secretaries

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 →

Posted in Opinions | Tagged Executor Commission

Executor Commissions Determined under Johnson Estate Schedule

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 →

Posted in Opinions | Tagged Executor Commission, Will interpretation

Surcharges Imposed; Ownership of Properties Resolved

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 →

Posted in Opinions | Tagged Donative intent, Executor Commission, Statute of Frauds, Statute of limitations, surcharge

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