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Executor/Accountant Fee

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sizzl

Junior Member
What is the name of your state? ny

(1)Can an executor who is also an accountant charge the estate for preparing a final account in addition to collecting his executor's commission? His argument is that the estate would have to pay someone for the accounting, so why not pay him.
(2)Is the answer the same for an executor/attorney who wants to collect for both services separately?What is the name of your state?
 


anteater

Senior Member
(1)Can an executor who is also an accountant charge the estate for preparing a final account in addition to collecting his executor's commission? His argument is that the estate would have to pay someone for the accounting, so why not pay him.
I don't believe that there is any statutory prohibition in this situation. There might be case law. If you are a beneficiary, you can raise an objection.

(2)Is the answer the same for an executor/attorney who wants to collect for both services separately?What is the name of your state?
I assume that you mean the attorney is serving as both executor and as the estate attorney. Or is this a true Renaissance Man? An attorney and accountant?

Again, I don't believe that there is any outright prohibition. However, there are some disclosure requirements if the attorney prepared the will and the testaor nominated the attorney or an affiliated attorney to serve. Look at Section 2307-a. Commissions of attorney-executor at this link:
http://gauthierlawfirm.com/scpa23.htm
 

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