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Fee approval for executor & lawyer?

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Sister-in-law

Junior Member
What is the name of your state? Iowa

My question is, should I approve the application for fees for the executor and estate attorney before all of the estate's business has been completed?

I am one of two beneficiaries to my mother's estate. The other beneficiary is my estranged brother, and he is also the executor. All the assets of the estate have been distributed except for the proceeds of a personal injury settlement that is being held in a trust account while we await notification of the amount Medicare is to be reimbursed from the settlement.

The executor and attorney for the estate are asking me to approve their application for fees now. Should I do that before the estate has been completely settled, or should I wait until Medicare has been repaid and the balance of the estate's assets distributed to the beneficiaries?

(It's worth noting that the executor and estate lawyer have dragged their feet regarding Medicare subrogation and only began the process at my insistence 3 months after receiving the settlement. I have no documentation of any correspondence to or from Medicare, and only their word that they are "working on it".)
 


Dandy Don

Senior Member
What is the total value of the estate and how much is being asked for in fees?

Who hired the estate attorney and is he serving as official executor or just advisor?

Is the estate attorney's hourly fee mentioned in his billing?

Do you know what the compensation rate is for executors in your state?
 

Sister-in-law

Junior Member
What is the total value of the estate and how much is being asked for in fees...

The estate value is 1,152,000.00. The executor is asking for the full 2% as allowed by Iowa law. The attorney is asking for billable hours, approximately 10K.

Who hired the estate attorney and is he serving as official executor or just advisor?

The estate attorney is only the attorney, not the executor. He was hired by the executor in exercise of his POA while my mother was living.

Is the estate attorney's hourly fee mentioned in his billing?

The estate attorney is being paid on an hourly basis as per his agreement with the executor.

Do you know what the compensation rate is for executors in your state?

2%
 

seniorjudge

Senior Member
Q: My question is, should I approve the application for fees for the executor and estate attorney before all of the estate's business has been completed?

A: If the court approves it, you are okay.
 

Dandy Don

Senior Member
So use your signature power to ask them to provide documentation to support the fact that they are "working on" the Medicare settlement to get the information you want, or if you don't want to risk offending them, go ahead and give him permission to get paid.
 

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