• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

contesting administraors fee

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

H

hiddin aginda

Guest
What is the name of your state? louisiana

we are just about to close an estate that has been going on for about 1 year and a half, and some of the other heirs want to contest the administrators fee? isn't it kind of late now? the estate was gross 2 mil and the fee was 50,000 which 2 1/2% is allowed by louisiana law. who would they sue the administrator or the estate? thanks
 


Dandy Don

Senior Member
On what legal grounds do the heirs think they could possibly win such a lawsuit? You all should stop being greedy unless you just want to waste money on attorney fees. You are lucky that the executor's fee is set at such a low rate compared to most other states, which usually charge about 5% or more.
 
H

hiddin aginda

Guest
administrators fee

thanks dandy don. i was concerned because i am the administrator and i am concerned about being sued. but i know everything was divided evenly, fair and honest.
 
C

co-executor

Guest
This is an interesting subject because I'm in a similar situation. When I first found myself in the position of executor, (about 10 months ago) I did a lot of reading on the subject. I read that often times families don't appreciate what the executor has to go through. I have since found this to be very true. I'm not exactly worried about being sued, but I can't help wondering how the family is going to feel about it. Are they going to recent me for years? I can't believe what a commitment it has been, everything from managing apartments, (to keep the estate solvent) to doing the "normal" fiduciary tasks, all while walking on egg shells with the family. I've had two lawyers advise me to take the fee, and I'm probably going to take their advice. But, I just don't know if some of the family will ever get over it? At the same time I cannot cheat myself either. I don't know how to make up a bill for all the time and work this has been. My record of activities is nearly 50 typed pages. Is there an appropriate formula for determining a fee?
 

Dandy Don

Senior Member
What state are you in?

Don't be made to feel guilty about claiming executor fee since you have done the hard work and paperwork required to help settle someone's final affairs. Stupid family unreasonably thinks you should work for free just because it's a relative, but you need to be courageous enough to defend yourself if they ask.
 
C

co-executor

Guest
Thank you for the advise. I'm not sure this is as much a question of courage as it is a moral delemma that I'm having. Even though I have issues with my many of my siblings, I need to do right by my mother. My state allows 5% on first 200k, and a formula for the remaining. It ends up somewhere in the mid 20's. This has been the hardest year of my life, but I'm just not sure I can justify $25K.

One of the reasons this is an issue is because for some reason the estate lawyer wants to know now if I am going to charge a fee. I didn't expect to have to deal with this until we were closer to the closing. I still have duties to complete and months before I expect things to be wrapped up. At this point, I don't know what this process is worth. Maybe I should just put in for the whole fee amount, (even though it will be taxed as income) and later give some back if I determine that it is too much. Again, your experienced advise is very appreciated.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top