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Is it common practice for an estate attorney to charge an additional fee to an individual while executing the will and trust?: No one else who received items from the will were charged with a fee except one individual. The attorney was paid $16,000.00 plus. The individual was told that because "the attorney dealt with you the most, its not fair to charge anyone else, therefore, you must pay the additional attorney fee out of your share of the inheritance". The attorney dealt with 9 other individuals plus 2 executors. Only one individual is singled out to pay a substantial amount out of their share of the inheritance and no one else. It's like the individual is being punished. The individual is the decedent's only living child.

Asked about 2 years ago in Trusts

Patrick’s answer: As decedent's only child, it could be that the individual is the "residuary" beneficiary, and all of the others are receiving specific bequests. If so, then it would feel like the expense is all going against that individual, as estate expenses are typically charged to the residuary beneficiary.

Answered about 2 years ago.


Will and lifetime rights: If my husband signed over his lifetime rights without me knowing will a will save my interest at his death? He signed over the whole 97 acres we live on. In his will I'm to get the house and I think about 60 acres. Am I safe?

Asked about 3 years ago in Wills

Patrick’s answer: You might have inchoate rights in the property. Additional information is needed, such as, how was the property titled before he signed over lifetime rights?, do you have a prenup?, how long have you been married? In short, as is often the answer on here, you should discuss this with your own lawyer. In fact, without looking at the deed that he signed in which he "signed over his lifetime rights", it is impossible to know exactly what rights he had, and what rights he signed over, and for what duration, let alone, what rights you had.

Answered about 3 years ago.


Can the executor of an estate sell the property without consent of the other heirs?: My oldest brother and I were named executors of the estate and he is now deceased, leaving me as the only executor. There are five living heirs and one of them does not want to sell. Can I sell the property as long as the money is divided equally among all the heirs? The brother who died had no estate to speak of, no insurance, no money, and had no spouse nor children who would have a right to his share of the estate?

Asked about 3 years ago in Probate

Patrick’s answer: Because there are general rules and exceptions, you definitely should consult a lawyer. That being said . . .

Real Estate typically cannot be sold by the Executor unless it is, with a Court Order, brought into the estate to pay debts. There are exceptions, and they would have to be explicitly stated in the Will.

All other types of property typically can be sold by the Executor unilaterally. Again, unless provisions in the Will prohibit it.

Answered about 3 years ago.