Can I charge a percentage of the estate for my time as I have done my due diligence to the estate? 4 Answers as of April 22, 2014

As co-executor, I have told the estate I will not charge a fee. My other co-executor has said she would not charge a fee. Now she has told the estate lawyer that she will. She has documented her hours as I have not. I now, do not trust our lawyer. The estate is approximately $1,800,000.

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Hamblin Law Office | Sally Hamblin
If you have a lawyer why the fee for reimbursement. The lawyer is paid to do the work. Sorry to say with that huge estate the lawyer will take a lot. Too bad you do not both handle it and only involve an attorney when absolutely necessary. Many estate attorneys Charge very much or a percentage of the estate. Families seem to become very greedy and relationships strained over assets. As co executor you have a right to know what is going on each step of the way. If do not trust attorney talk to another.
Answer Applies to: Michigan
Replied: 4/22/2014
Frederick & Frederick PLC | James P Frederick
With an estate of that size, you should clearly have your own lawyer. You are still entitled to "reasonable compensation" regardless of what has transpired. It is much more difficult to determine what is reasonable, however, in the absence of any kind of time records. Another consideration is that anything you take as compensation is taxable income to you. Anything received as an inheritance is tax free. If you are receiving a significant distribution from the estate, you may not want to charge, just to avoid the negative tax consequences.
Answer Applies to: Michigan
Replied: 4/21/2014
Ben T. Liu Law Office
Ben T. Liu Law Office | Ben T. Liu
Especially if you are also a beneficiary, you should hire your own lawyer given the size of the estate and you do not trust the present lawyer.
Answer Applies to: Michigan
Replied: 4/21/2014
Law Offices of Jeffery L. Fanto
Law Offices of Jeffery L. Fanto | Jeffery L. Fanto
I doubt the court would approve a percentage for your services. Generally the court looks to the amount of the estate, the difficulty of managing it and whether you will be receiving a portion of the estate as an heir.
Answer Applies to: Michigan
Replied: 4/21/2014
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