Author Topic: Has anyone ever been an executor ?  (Read 1279 times)

cats paw

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Has anyone ever been an executor ?
« on: August 20, 2008, 06:37:32 PM »

  I have some questions, and would like to compare notes.  I know that probate laws differ from state to state, but I have a question in particular about executor's fees.  What had your attorney told you about fees? What did the probate judge rule?
I'm not interested in dollar amounts.  I want to know about percentages or reasonable fees for an executor that anyone has knowledge of or has experienced.

  I called an attorney today to see about retaining him possibly for myself if needed to ensure that I receive any fees to which I am entitled.  He basically said that I have an attorney, and that he would not like a client going behind his back, and that no attorney would.  I had no idea that I had  "my" attorney.  I thought I had to stay with him because he was the one that did my mother's will.  This att. that I spoke with today asked if I was local.  I wonder if that's one of the reasons he didn't seem to want to take me as a client?  Didn't want to step on a colleague's toes?  I didn't give "my' att.'s name.

  Is everthing I've written as clear as mud?  The reason I wanted to retain counsel is that I can't get a straight answer about executor's fees.  An att. my H knows said that in our state, executor fees are usually 2-4% of the estate, but these other ones say
that's not the case.

  Who do you believe?  I don't think I want to talk with another local if I'm going to get the same response.  I can't believe that I can't even pay money to hire someone to advise me legally.  Do attorneys consider it like doctor shopping, like an addict trying to get drugs?  I wanted to hire someone and establish a PAYING client/attorney relationship.

  Maybe I'll see if the att. my H knows will talk with me.  Maybe he can say where in the statutes he got those percentages, and if not, maybe he's the one who doesn't know the right info.

  I've never rambled on this much about a situation on here before.  It's not easy to gain entre into speciailzed areas, I suppose.

  Thanks in advance if anyone has gotten this far.  I don't expect any solutions, 'cause I know how I'm going to proceed.  I was just wondering if anyone had any knowledge or past experience.

cats paw











 

Izzy_*now*

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Re: Has anyone ever been an executor ?
« Reply #1 on: August 20, 2008, 09:40:00 PM »
Nope, but I've been a Beneficiary!!

Hey cats paw.

Ever hear of Google? It's some funny little place online that has information on anything you want, and each person can travel around in there and 'personlize' the outcome from the excursion.

I use it all the time for Movie descriptions as I have a site where I can watch Movies all the time. and I can tell in advance whether or not to open the movie. (my choices)

I also use it for a dictionary that's really quick with a definition.

I use it to type in all kinds of descriptions about my health so that I will know what I am dying of before my doctor does.

heh heh heh

Good Luck
Izzy

"The joy of love lasts such a short time, but the pain of love lasts one's whole life"

Gaining Strength

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Re: Has anyone ever been an executor ?
« Reply #2 on: August 20, 2008, 09:56:08 PM »
Cat's Paw - I've been a co-executrix of my late husband's will along with his daughter who became horrendous after his death.  The whole experience was a nightmare as the attorney - the "estate" attorney did one thing after another that was wrong, illegal, incompetent and immoral.  I talked with three, that's THREE different attorneys about it and they would say, "Don't worry, he won't do that, it's not ethical." Then he would. I would call them back and tell them that he had done what they said was unethical and they would not speak to me any more!!!!

I got no executor's fee but was told that it was a percentage of the estate.  Call the probate court and ask one of the judge's clerks. If they won't help you, call the local (city) bar. If they won't help you call the state bar association.  If you call the state bar, tell them about your conversation with the attorney who refused to help you and see what they say.

Don't give up.  Keep asking.  Attorneys can be the pitts.  Not all but some.  Don't give up.  Keep asking.

cats paw

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Re: Has anyone ever been an executor ?
« Reply #3 on: August 21, 2008, 09:47:31 AM »
SS -

  It's at least comforting to know that my questions and experiences are not unique, but it's sad to know all that happens.  I do want to say that I do not suspect that the estate attorney is doing anything illegal or immoral,; what I do suspect is a bias. Long story as to the bias I suspect, and all it entails.

Hey Izzy -

  I take Google excursions all the time!

  As far as this matter, I'm unable to find the specifics I'm looking for, but have found great general info.  I think one of the problems is that in this matter, there is nothing absolute and specific.  I was emailing with Texan a while back who was the executor of his father's estate.  He told me that in his state, the executor gets 10%.  I know for sure it is not that here.

  When you figure out how to type in what you want to die of, and just by typing, how to "Make it so," (as Captain Picard from Star Trek says)  let me know.
  My H and I have cooked up a couple of ideas for when we're in our 90's, but they're X-rated, so I'll stop here.....


Thanks!

cats paw
 

LilyCat

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Re: Has anyone ever been an executor ?
« Reply #4 on: August 21, 2008, 12:18:26 PM »
Hey Catspaw,

SS & Izzy gave you great advice. I was going to suggest you google it.

I'm not the executrix of my dad's estate, but my sister and I have co-managed everything anyway, meaning that I've met with the lawyer, generally, when she has.

In most states you're entitled to at least 1-1/2 - 2% of the value of the estate, possibly more. It varies from state to state. Also, I have a friend who is the executrix of something like 3 estates at the same time, and she told me that an executor is entitled to hourly fees for any work done -- in this case it was the time my sister spent cleaning out the attic or doing other work. She said it would be at a general rate (something like minimum wage but probably higher -- the going rate).

SS' suggestion of calling the probate office is a good one.

In any case, my therapist told me to take the money (except that I'm not executor), it's a thankless job and should be compensated.

Good luck!

cats paw

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Re: Has anyone ever been an executor ?
« Reply #5 on: August 21, 2008, 12:43:52 PM »
Lilycat,

  Yes, it's quite the thankless job, for sure, and an emotional one.  My H and my friends were a lot of help to me at the house,
especially when it came to the basement, garage, and outbuilding.

   What a nice thing to read about ! - you and your sister co-managing everthing. 

   I can't imagine doing 3 estates at once- your friend must be really something.

Thanks for your note -
cats paw