Community Chat

[hyacinth003]

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@spumoni99 wrote:

I know when my brother died and his will was in probate I was the executor and I was entitled to a fee.  Not sure if this is applicable or not.

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@spumoni99 

I don't think so.  Being an Executor is spelled out in law.  Apparently, this is not.  I understand it was a lot of work.  Plus they are grieving over it all.  They only care about the lawyer getting about 1/3 of the settlement.

Hyacinth

[hyacinth003]

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@SaveTheTurtles wrote:

PI cases are usually handled as no fee unless you win. I've seen enough PI attorney commercials to know that. As far as an executor getting paid I think you're best to ask the attorney how that works in relation to your particular case.

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@SaveTheTurtles 

Being an Executor is different.  They are allowed to collect a fee for their work.

Hyacinth

[on the bay]

@hyacinth003,

That seems like something that should be decided amoungst all the children including the one who did a lot of the work and dealt with the lawyer etc.

It sounds like that person did a lot of the same kind of background work an executor does, also working alongside a lawyer gathering information, etc.

and re executor-

I think anytime someone is an executor from the family, they should pay themselves out of the estate.

It is not automatic that an executor especially if a family member or friend will be paid unless it is stated in the will.

It can be an overwhelming job that may take a few years of resolving things, phone calls, final payments so many things.

Hopefully all involved will feel the same.

[Sooner]

Been executor of wills, but never paid myself.  I had enough trouble paying funeral expenses and lawyers.  You pay lawyers every time you blink in their office, and if you blink while on the phone with their office.  

[Bri369]

So the family member was the contact person for the lawyer and handled many details of the case so the other members of the family didn't have to?  Do the other family members feel this person should be entitled to more of the settlement?  

The terms of the settlement should have been discussed beforehand, IMO.  If others feel this person is entitled to more, it would be up to other family members to discuss.  There is no right or wrong way to split up a settlement.  

[colleena]

@hyacinth003 My remembrance was there was a matter to do with your husband and his brothers - is that still pending?

[Love my grandkids]

@hyacinth003 Are you direclty involved in this?

[Spacrazy]

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@hyacinth003 wrote:

Seems like you need a lawyer to double check the lawyer.  The average person doesn't know everything to ask!

By one person, I meant there are 3 children, but one did all the handling of the case with the attorneys, including paperwork, phone calls, lengthy depositions, etc.  The others will just get checks handed to them, it sounds like!

Hyacinth

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Yes, that's right.

[Jk9]

@hyacinth003 No the person who worked with the attorney on the settlement isn't entitled to additional compensation by statute.  The family could have reached an agreement to compensate that person.  The executor being given a fee is set forth in state statutes on probate.  The executor is the person with the right to sue on behalf of the decedent in our state and has to be appointed to do so.  That's just a general answer.  

[hyacinth003]

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@colleena wrote:

@hyacinth003 My remembrance was there was a matter to do with your husband and his brothers - is that still pending?

@colleena 

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No, that finally got resolved.  As to lawyer's fees, the 2 squabbling Executors (brothers) spent $80,000 on lawyer fees.  The others felt those 2  should pay them, as they were the ones racking up the fees.  Lazy judge said fine.  So my husband (who had no power,) got $20,000 taken from his inheritance.

Ruined his side of the family.

Hyacinth