If you have to hire a probate litigation attorney to demand an estate accounting does he/she get paid from the estate?

The probate laws set forth specific time limits for a personal representative to prepare an inventory and an accounting, and if those time limits have already been exceeded, and if these documents have not yet been furnished to you, and if you can't yet see them coming on the horizon, it would seem that you should be a bit more agressive in demanding them. We certainly wouldn't want the estate consumed by attorneys' fees, but on the other hand, if the personal representative of the decedent's estate is truly misbehaving, it would be foolish for a beneficiary to not seek the help of a lawyer. If it is indeed you, rather than the personal representative, who is in the more meritorious position, the probate court will be quite accomodating in reimbursing you for your attorney's fees from the estate assets. Since judges like to be friendly to lawyers (and vice versa), the personal representative's attorney will also almost certainly be able to be paid from the estate assets. Consequently, the most likely outcome for an individual beneficiary like you is that you will end up shouldering (by shrinkage of the estate ) your proportionate share of all attorneys' fees (if your share of the estate is 1/6, you'll end up paying 1/6 of ALL the attoneys' fees). If litigation isn't necessary, the total attorneys' fees will be much less, but it may be a bit more difficult for you to be reimbursed for your attorney's fees. Good luck!

In most states an executor is permitted to use estate funds to fight lawsuits. However his threat to empty the assets of the estate says he believes it is more important to protect his turf than to protect the interests of the beneficiaries. He is violating his duty as a fiduciary of the estate. In any motion for an accounting, you should include a motion to replace him. Keep in mind any attorney hired by the estate is NOT there for the beneficiaries and you may need to secure your own counsel.
You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.