Kentucky executor fees

What is the name of your state? KY

I am serving as an executrix for a lady that had mineral rights in Texas. According to her will, everything in her estate was left to her 4 granddaughters. But, according to Texas law and some legalities the Texas mineral rights are going to her son, despite of the will. My attorney has researched this.

My question is: Am I only to get a % of the estate that is actually going to her granddaughters, or am I entitled to what is being left to the son as well? Just asking for a 2nd opinion.

Thanks

The answer will be decided by the court.

However, the GENERAL answer is that the administrator is paid on the amount handled in the estate.

Just curious...was there a will contest? Why aren't the heirs in the will getting everything?

Did you have to do extra stuff?

My understanding is that when the original owner of the rights (the decendent's late husband) passed away with no will, it was left as 1/2 to his wife and 1/2 to his son. When she died this past February, according to Texas law, her share automatically went to the nearest survivor, the son. According to his lawyers and mine, this overrides what the will states. Other than these mineral rights, there is a small amount of cash (20,000) and very little personal property (furniture, jewelry, etc). I have personally taken an inventory of her storage unit of personal property, managed estate accounts, and paid bills.

When she died this past February, according to Texas law, her share automatically went to the nearest survivor, the son. According to his lawyers and mine, this overrides what the will states.


That does not sound correct to me.

Maybe I'm not explaining exactly right - it was researched by the oil company's lawyers and the son's lawyer, and my attorney agrees.

executrix405 said:

Maybe I'm not explaining exactly right - it was researched by the oil company's lawyers and the son's lawyer, and my attorney agrees.

Click to expand...

I just had never heard of a state statute overruling a valid will.

But...of course, there are a lot of things I haven't heard of....

So you say the amount handled in the estate, meaning no matter who the property or rights go to? How would I find out for sure because my attorney is saying I only get a % of what goes to the granddaughters.

executrix405 said:

So you say the amount handled in the estate, meaning no matter who the property or rights go to? How would I find out for sure because my attorney is saying I only get a % of what goes to the granddaughters.

Click to expand...

Pay attention to your attorney...not me.

I just gave you the GENERAL rule.

I don't know Texas law on mineral rights either, but your phrasing - "...her share automatically went to the nearest survivor..." - indicates to me that it is not part of her probate estate and that your attorney is probably correct that is not part of the estate value basis upon which the compensation would be calculated. It would be like including assets that had beneficiary designations and transferred outside of probate in the calculation.

But, if you can prove that you performed additional work related to the mineral rights, you could petition the court to allow additional compensation.

The fee will be generally 5% (or at least that's what it was a few years ago). Ask your lawyers to show you the exact statute in Kansas law that gives the definition, because it is something like up to 5% of real property plus 5% of any income collected by the estate, and the court could also award a higher amount.