brother charging estate by the hour

[dorothy capps]

I LIVE IN TENNESSEE. MY BROTHER IS THE ADMINISTRATOR OF MY MOTHER'S ESTATE (NO WILL). WE ARE GOING TO COURT AFTER 2 YRS TO FINALLY GET THIS RESOLVED. MY BROTHER IS REQUESTING THAT THE ESTATE PAY HIM $20/HR FOR HIS DUTIES. IS THIS LEGALLY POSSIBLE? HE IS CLAIMING SUCH THINGS AS TIME HE SPENT FILING PAPERS, ETC. THE TOTAL OF THE ESTATE AFTER BILLS (INCLUDING HIS $4000 CLAIM) IS $34,000. IT IS MY UNDERSTANDING THAT THE ADMINISTRATOR IS ONLY DUE A PERCENTAGE OF THE ESTATE. AM I CORRECT? THE ATTORNEY WORKING FOR THE ESTATE CLAIMS TO BE KNOWLEDGEABLE IN SUCH MATTERS, BUT HE HAS FILED THE PAPERS ALLOWING THIS. I DON'T FEEL THE ATTORNEY HAS BEEN WORKING IN THE BEST INTEREST OF THE ESTATE SO MUCH AS HE HAS BEEN A PERSONAL COUNCIL FOR MY BROTHER. DO I HAVE ANY RECOURSE IN THIS MATTER. THANK YOU BEFOREHAND.

 

[advisor10]

2-26-2002

DEAR DOROTHY:

You would need to discuss this matter with 3-4 local probate attorneys to get their opinion about this. The rate for administrator/executor fee in your state is only defined by law as "reasonable compensation", which leaves leeway for the attorney to basically charge whatever they can get away with. Most states charge a percentage of between 3% - 7%. The amount your brother is claiming is fairly reasonable considering the amount of time this estate has been open (unusually long). If he did the actual work, then he is entitled to fair compensation, and the attorney may have been needed for advice but that does not really come into play as far as the fee is concerned.

Send me an e-mail and I can give you a confidential tip on how to handle this situation.

SINCERELY,

advisor (e-mail: [email protected])