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Can you inherite an executor fee from another will?

A person died. Their will was never probated by the executor on their will. Then that executor died. Can the executor of the 2nd person who died take a fee from the 1st will that was never probated if they are not named the executor on that 1st will?

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Attorney answers (1)

Reputation Level 12
The Estate of the 1st executor would have an account receivable asset of the uncollected executor's fee which the 2nd executor should be collecting in the course of his normal duties. No, that fee would not be payable to the 2nd executor personally. Again, it belongs to the Estate of the 1st executor (and it's a taxable asset as part of the gross estate).

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