Of three siblings, only two of us have been appointed and accepted as executors. Am I entitled to be paid. My attorney says no. If so, even though my sibling has done nothing, is he/she entitled also.
While in most estates in which a family member serves I see the fees waived, you are entitled to be paid. The fees must be justified, preferably with an itemization of the time spent. With that, it would be appropriate that each executor be compensated based on his or her itemization. The others involved in the estate will either have to accept the fees charged or be given an opportunity to be heard pursuant to notice on the closing of the estate. If the amount is disputed, the judge will have to decide whether the fee is appropriate. Generally, there is not a set rule for evaluating the fee amount. A variety of factors impact how much can be charged, such as the type of experience brought into the role, the amount a regular career may have been impacted, etc. Most county's forms for closing an estate have a specific space for inserting the administrator's/executor's fee.
You should be entitled to be paid, based upon an itemization of the services you rendered to the estate. Provided the other beneficiaries of the estate agree to payment of the amount you have proposed, no court hearing should be necessary for approval of the fees. However, if they don't agree, then a hearing will have to held, and the court will determine the amount of your fee.
Please note this answer to your question is general in nature only and does not constitute the rendering of legal advice, as by the nature of AVVO’s question and answer format, the question must be answered without full information as to your personal situation. You should further note that our answering this general question does not result in the establishment of any attorney-client relationship. You should take the time to consult with an attorney who can give you specific legal advice, after the opportunity to learn all of the facts about your current situation.
