Skip to main content

Will says executor receives 30K for acting as personal representative for their own use absolutely. Who pays their lawyer?

New York, NY |

The executor hires a high priced attorney to assist in probate, an accountant to manage the money and racks up additional fees of 28K. Is the estate to pay or has the executor "hired out" their duties and must pay out of pocket?

Attorney Answers 4


These are estate administration that must be paid by the estate. The executor fee is not diminished by these costs. However, the total fees must be reasonable. You need to sit down with an estates attorney in your area to review all the facts to see if these fees are reasonable.

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 , his website is and his blog is <> 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.

Mark as helpful

10 lawyers agree


These type of expenses are paid by the estate off the top. Depending on your standing, you can challenge any fees, including a legal fee, paid by the executor or claimed to be owed. There are two ways of doings this. However, the amount of fees you are disputing is relatively small and you will rack up legal fees in challenging it. As a cost benefit analysis, it likely is not worth it to you. You have to be realistic. The lawyer will get paid something, even if the bill is reduced.

Mark as helpful

6 lawyers agree


Those expenses are paid off the top.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email -

Mark as helpful

5 lawyers agree


In almost all cases to probate an estate requires the specialized knowledge of a probate lawyer. So executors are expected to hire lawyers. Likewise accountants are often employed to prepare taxes. If the estate's finances are complicated it may take an accountant some time to arrive at the numbers that go into the tax forms. So, as a general rule, it is not unreasonable for the executor to hire at additional cost a lawyer and accountant. However, whether any fee is reasonable is an issue for the probate court if an heir whose inheritance is decreased by the fee wants to challenge it.

Mark as helpful

3 lawyers agree

Tax law topics

Recommended articles about Tax law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics