For a family members estate if someone is named executor do they base the rate they are charging on what they would be doing at their job if they were not doing executor duties? If a doctor is named executor if an estate can he charge a higher hourky rate than some one who is not, just because he is a doctor and would be seeing patients at that rate if not for the executor duties? Sholdnt they have just declined the ppositon of executor and left it to the next named person? Seems like it should be the same hourly rate for anyone since the duties are the same no matter what you do at work.
I am a NY attorney and cannot advise you as to Pennsylvania law, but I can provide certain general information that may be helpful. I believe it is true in all states, as it is here in NY, that an executor gets a percentage of the value of the estate. In NY, we use a sliding scale, which starts at five percent for the first $100,000, works down to four percent for the next $200,000, and then works downward from there. The person's profession or training will not enter into the commission schedule.
Good luck to you.
Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. In addition, no response to any posted inquiry should be deemed to constitute legal advice, nor to constitute the existence of an attorney/client or other contractual or fiduciary relationship, inasmuch as rendering legal advice involves the ability of the attorney to ask appropriate questions of the person seeking such advice and to thus gather appropriate information. In addition, an attorney/client relationship is formed only by specific agreement. The purpose of this answer is to provide the questioner with general information, not to outline specific legal rights and remedies.
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Estate Planning Attorney
The commission for the executor is based on what is reasonable. It is not based on the "day job" of the executor. There are statutes and case law that determine what is reasonable but most attorneys use a sliding scale similar to what Mr. Haber mentions.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/
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Divorce / Separation Lawyer
I agree with the responses of both of my colleagues. They have provided excellent responses.
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