Executor #2 release form was never sent to the beneficiaries for signature so now what does that mean. also if I understand it correctly both executors are to share the commission not both each get the exact and I mean exact same amount of commission right down to the penny. I think we are all being taken for a ride with this executor and I want to know why didn't the estate lawyer raise the question - they knew and paid it anyway. Statement says it was already given to each of them the same amount. Legally without having to retain counsel what can we do about this should we talk to the estate lawyer and can that money be returned back to the estate?
The Estate attorney understands the proceedings, whereas you may not have a full understanding of what has gone on during the estate administration. If there are 2 executors, it is because that is what the Will provided for. In order for you to sign one release, there must have been an accounting. Did you receive that? Who signed/prepared it? A release to one executor on an accounting submitted applies to the estate administration.
As I posted in the prior answer, if there is more than one executor and extra 1% is added to the corpus commission and the income commission for every executor appointed. The executors then typically split the fees equally unless amongst the executor's they agree differently.
You should consult with an estate practioner to understand the process. But if you saw an accounting and signed the one executor release it is not likely that the monies paid will be returned.
MARY TOM, ESQ.
HUNZIKER, JONES & SWEENEY, P.A.
Wayne Plaza II
155 Route 46 West
Wayne, NJ 07470
Phone No. (973) 256-0456
Fax No. (973) 256-4784
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It sounds like these series of questions surrounds the same estate. You would be well served to retain competent counsel to get some concrete answers.
This answer does not constitute legal advice. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
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