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Home→Tags Executor commissions

Tag Archives: Executor commissions

Non-Reimbursable Legal Fees of Fiduciaries

Posted on July 12, 2021 by Daniel EvansNovember 11, 2021

The recent decision of the Supreme Court In re: Estate of William K. McAleer, 248 A.3d 416, ___ Pa. ____ (4/7/2021), is being widely discussed in the context of the extent to which the opinions and time records of the...

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Posted in Articles | Tagged Attorney fees, Attorney-client privilege, Counsel fees and costs, Executor commissions

Compensation of Administrator and Attorney Reduced by Half

The compensation of a lawyer who served as administrator of the estate, submitted a fee agreement to beneficiaries specifying compensation at an hourly rate, and kept hourly time records with specific descriptions of work was nevertheless reduced by more than … Continue reading →

Posted in Opinions | Tagged Attorney fees, Executor commissions

Actions of Gravely Ill Decedent

Large transfers shortly before the death of the decedent into joint accounts with the decedent’s daughter, arranged by the daughter while the decedent was gravely ill, could not have been an intentional act of the decedent, and was the product … Continue reading →

Posted in Opinions | Tagged Attorney fees, Executor commissions, Multiple-Party Account Act, Undue influence

Surcharge Imposed for Unjustified Payments

Administrator C.T.A. surcharged for disbursements from estate funds for expenses that appear to be for her own personal use, and for amounts paid to the estate of the decedent’s brother and his widow, but not for amounts paid for repairs … Continue reading →

Posted in Opinions | Tagged Executor commissions, surcharge

Objections to Executor Commissions and Legal Fees Denied

Objections to executor commission and legal fees denied when executor-lawyer who was one of three executors claimed commission of $70,000 and legal fees of $90,000 out of estate of almost $10 million.  Keller Estate, 7 Fid.Rep.3d 90 (O.C. Montgomery Co. … Continue reading →

Posted in Opinions | Tagged Attorney fees, Executor commissions

Executor fee of Less than 3% Approved

Executor fee of $283,443.24 (2.45%) out of estate of $11.5 million, consisting almost entirely of cash, stocks, bonds, and mutual funds, was approved because of the quality of work performed in liquidating assets and administering the estate.  Naugle Estate, 6 … Continue reading →

Posted in Opinions | Tagged Executor commissions

Evidence of Services Needed to Determine Fees

Orphans’ Court is unable to rule on objections to the $120,000 in fees paid to deceased lawyer-executor in the absence of evidence of time spent, services rendered, or hourly rates; son (also a lawyer) who had attempted to complete the … Continue reading →

Posted in Opinions | Tagged Attorney fees, Executor commissions

Lawyer-Executor Compensation for Legal and Non-Legal Tasks

Executor commissions and attorney fees paid to deceased lawyer who did not complete administration of estate were reduced by fees paid to accountant, and further reduced from $121,000 (more than 5% of $1.16 million estate) to $44,000 to apply different … Continue reading →

Posted in Opinions | Tagged Attorney fees, Executor commissions

Executors Surcharged for Self-Dealing and Mismanagement

Executors surcharged for sale of estate property to a son of one executor, for expenses paid to the purchaser of the property for “cleanup” of the property 20 days before the sale, for distributions of automobiles contrary to the provisions … Continue reading →

Posted in Opinions | Tagged Attorney fees, Executor commissions, self dealing, surcharge

Erroneous Distributions and Dilatory Conduct

Estate distribution was erroneous because share of charitable beneficiary was reduced by inheritance tax paid, and noncharitable beneficiaries were required to return the excess distributions in accordance with the indemnification agreements they signed at the time of the initial distributions.  … Continue reading →

Posted in Opinions | Tagged Attorney fees, Erroneous distributions, Executor commissions, Refunding agreements

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