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What would be consider attorney duty vs executor duty?

Lehighton, PA |

Estate accounting has charges for services as attorney and as executor. They are the same person and the services performed that were billed as attorney do not seem like it was necessary for an attorney to do them, seem like executor or office assistant work.
Examples: Making copies, picking up forms, looking up addresses, faxing, sending mail, taxes. Those seem like anything but attorney duties but they were billed at $215 an hour . Also, in Pennsylvania, if the attorney is doing work that would normally be done by the executor like the things mentioned, does the estate pay the attorney fees or does the executor pay those fees from thier commissions?. It would seem that if the executor uses the attorney like a subcontractor they should be responsible for paying them not the estate

Attorney Answers 2


  1. The estate is responsible for the executor fee and the attorney fees. The overall fee for these services must be reasonable. If you feel they are not you need to retain an estate attorney to first review it and if warranted challenge the fees in court. You cannot do this on your own.

    Hope this helps.

    Please remember to designate a best answer to your question.

    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  2. Absolutely agreed. Estate and Fiduciary Accounts and Income Tax Returns are usually the job of the Attorney (my opinion, but I also focus my practice in that line of work).

    As Mr. Fromm stated, you need someone who knows what they are looking for - it is difficult to draw any conclusions from your statements without seeing anything.

    Good luck,

    John

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