Executor

[gccruiser]

What is the name of your state (only U.S. law)? NC
I am supposed to be petitioned very soon to be named as Executor of my Father's Will who has been deceased since 2004. He wanted my brother to be the Executor, as stated in his Will, however my brother has recently relinquished his responsibility as Executor and told me he doesn't want to do it, and according to the Will I am next in line to be Executor if my brother refuses or fails to qualify. Well, after almost 8 years of not doing anything to get a Will to probate court, I would think that would be a refusal, and failing to qualify.
Well, my Aunt, who is my father's sister, knew she was in her brother's Will, and retained an attorney (NY state is where this is) to probate the Will; since my brother made no effort to do anything. So the Will is now ready to be admitted to probate court, and my Aunt and I have paid half, each, of the costs for the Will to go to probate court, and her attorney will be sending it to probate court probably within a week.
Now, here is my issue: Since I will be petitioned to be the Executor of this Will, am I obligated to pay the attorney fees to the attorney my Aunt herself retained? I know a lot of times people say fees come out of the estate, but we don't believe there's any money in the estate of my father because that brother of mine has dried up all his accounts by now, and probably did so before he even died in 2004 since he was my father's POA. He even had my father sign his house over to him a year before he died, and I was in the Will (1997) to get my father's house, but I never knew that until I received my copy of that Will last June (2011). I do have a copy of the Deed to the house where my father signed his house over to my brother in 2003, and now only my brother's name is on the Deed. So suddenly my brother doesn't want to be Executor of this Will, since it's headed to probate court, but I'm a be petitioned to be the Executor, and the only person to probably get anything out of this is my Aunt, because my father did leave her his share of a house that they inherited from their deceased father, and that's what my Aunt wants; and rightfully so she should have it.
I know this is a long, drawn out melodramatic scenario. But I just want to make sure I will not be held liable, or accountable to pay the fees to the attorney that my Aunt herself retained to get this Will to probate court just because I'm the Executor, and I know the Executor has a lot of responsibilities place on him or her. Thank you.

 

[curb1]

Why not let the Aunt be the executor? You are not obligated.

 

[gccruiser]

Why not let the Aunt be the executor? You are not obligated.

You are so right. That's a thought that has crossed my mind. She's up there in NY where all this is taking place, and I live in NC. Plus, she's the only one to benefit from this Will because the house my Father bequeathed me in his Will (1997) isn't mine anyway, and I won't get it since he signed it over to my brother in 2003; a year before he died, and I do have a copy of the Deed where only my brothers name appears on it.
My Aunt however, will probably get her share of the house she and my Father grew up in as children that their father, deceased, left behind. My father bequeathed his share of that house to his sister (my Aunt), and not to his children; which is fine with me. It's just that this Will needs to be probated so she can get that share.
I'm just wondering if by me being Executor will obligate me to pay the attorney fees to my Aunt's attorney that she retained since I'm the Executor, and I'm always hearing that any money that has to be paid out to anyone is paid from the deceased person's estate. Well, we're pretty much sure there is no money in the estate because my brother, who was POA for my father, before he died, probably dried up all his accounts right before he died. So there is no money to pay an attorney. I didn't retain the attorney. My Aunt did. But I don't need them coming at me with since I'm the Executor of this Will that it's my responsibility to pay the attorney since she did all this work to get the Will to probate court, and I'm the Executor. ????????????

 

[curb1]

This is important. You are not the executor of the will. You said, "since I'm the Executor".

You are not the executor until the probate court gives you that position. Right now there is no executor.

 

[gccruiser]

This is important. You are not the executor of the will. You said, "since I'm the Executor".

You are not the executor until the probate court gives you that position. Right now there is no executor.

You're right. I'm not the Executor until my Aunt's attorney, who's admitting this Will to probate court sometime this week petitions the court to assign me as Executor. I don't have to do it. I was just going to accept being Executor because that brother of mine never made any effort, since our father died in 2004, to get his Will probated. My Aunt wants closure, and she wants her share of that house she lives in that my father left her. It's her share. Not mine, not my brother's. We don't know why he never did anything to start the probate process; since he was named Executor of the Will by our father. So my Aunt retained an attorney, and she's done all this work, and whatever it took to get us where we are now to go ahead and send the Will to probate court; which it's ready for.
My understanding is the attorney will petition the probate court to make me the Executor, and then I'm supposed to get some kind of paper in the mail to sign and send it back saying I accept being Executor. I just don't need anyone coming to me later saying I have to pay my Aunt's attorney's fees since I was the Executor of that Will, and it's my responsibility. I didn't retain the attorney. My Aunt has. But does that still mean I'm obligated to pay her since she did all this work to get my father's Will probated, and I accepted being the Executor?
Thank you.

 

[anteater]

This is important. You are not the executor of the will. You said, "since I'm the Executor".

You are not the executor until the probate court gives you that position. Right now there is no executor.

We've been through all this in another thread, curb. Including the fact that there is no such thing as an "Executor of the Will."

Look, gc....

Either you want to administer the estate or you don't. If you don't, call your aunt and the attorney tomorrow and tell them that you have thought it over and it doesn't make sense for you to administer the estate. You will happily sign whatever is necessary to waive any right you have under the will to administer the estate and return it promptly.

If you do want to administer the estate, insist that the attorney prepare an engagement letter spelling out the attorney compensation arrangements. Then, have your own attorney review the letter before signing.

Personally, I think that I would take a pass.

 

[gccruiser]

We've been through all this in another thread, curb. Including the fact that there is no such thing as an "Executor of the Will."

Look, gc....

Either you want to administer the estate or you don't. If you don't, call your aunt and the attorney tomorrow and tell them that you have thought it over and it doesn't make sense for you to administer the estate. You will happily sign whatever is necessary to waive any right you have under the will to administer the estate and return it promptly.

If you do want to administer the estate, insist that the attorney prepare an engagement letter spelling out the attorney compensation arrangements. Then, have your own attorney review the letter before signing.

Personally, I think that I would take a pass.

Thank you for all your advice, anteater. You have been very helpful, as so has curb. I appreciate all the information. I am going to call the estate office of the probate court in the county where the Will is being admitted to probate once I get the letter of appointment from the judge and the probate court. I have a lot of questions that need to be answered, and if the attorney, who I've spoken with before, but she's a fast talker, and never has time to talk and answer questions doesn't spell out her compensation arrangements, then I will not sign the appointment letter, and I'll turn on my TV, sit back, relax, and not worry about it.

 

[curb1]

How is your communication with your Aunt? If you are OK with her, why not give her a heads up on your intentions. Or, do you want to surprise her?

 

[gccruiser]

How is your communication with your Aunt? If you are OK with her, why not give her a heads up on your intentions. Or, do you want to surprise her?

She and I get along fine, and always have. I am going to wait until I've spoken with someone at the estate office, or probate office once I get something in the mail to sign, appointing me Executor, and I guess it'll be a letter of appointment before I have a serious conversation with my Aunt about my accepting being Executor. I will also let know that she herself can accept appointment as Executor (Executrix) since she'd there in NY, and is the only person to gain anything from this Will.
I will however, talk to an attorney here in NC, where I live, and ask questions, and just talk about all this, and, ask if by being Executor does that obligate me to pay my Aunt's attorney's fees that she retained, and, do they expect those fees be paid from the estate of this Will. I'm sure there is no money in my father's estate after all this time, and I don't want to be stuck with a $2000 bill from my Aunt's attorney because she did all this work to get this Will to probate, and I accepted appointment as Executor; therefore I'm responsible to pay her fees. Do you understand my plight?

 

[anteater]

I am going to wait until I've spoken with someone at the estate office, or probate office once I get something in the mail to sign, appointing me Executor, and I guess it'll be a letter of appointment before I have a serious conversation with my Aunt about my accepting being Executor.

I am not sure what you think that you will accomplish by calling the Surrogate's Court. They are not going to offer you legal advice. And, while I am not in New York, what I hear from others is that the personnel there are unlikely to answer questions on even procedural matters.


And a random piece of advice...

Never get in between an attorney and his/her paycheck. It's like standing between Bill Clinton and a television camera. You will get run over.

 

[gccruiser]

I am not sure what you think that you will accomplish by calling the Surrogate's Court. They are not going to offer you legal advice. And, while I am not in New York, what I hear from others is that the personnel there are unlikely to answer questions on even procedural matters.


And a random piece of advice...

Never get in between an attorney and his/her paycheck. It's like standing between Bill Clinton and a television camera. You will get run over.

I'll take my chances and see how things work out. If they don't answer any of my questions about my concerns, then fine; I plan to see an attorney here anyway, and ask questions. There are plenty of attorney's here that will see someone on a first visit free basis, and I've done that before, so I think I can do it again for this.

 

[anteater]

I'll take my chances and see how things work out. If they don't answer any of my questions about my concerns, then fine; I plan to see an attorney here anyway, and ask questions. There are plenty of attorney's here that will see someone on a first visit free basis, and I've done that before, so I think I can do it again for this.

Possibly. But, remember... You are in North Carolina. The probate action will take place in New York. You may find many of those "first visit free" attorneys less than willing to spend any time when they realize that there is almost no chance that the visit will lead to a paid engagement.

 

[gccruiser]

Possibly. But, remember... You are in North Carolina. The probate action will take place in New York. You may find many of those "first visit free" attorneys less than willing to spend any time when they realize that there is almost no chance that the visit will lead to a paid engagement.

I realize that. That's why when I go see an attorney for that first free consultation that I'm sure he or she will advise me it best that the Will have an Executor that's physically in NY, because I'm sure there's a lot involved, and a lot to be done. I will then let my Aunt know that I've consulted an attorney, and it's best that she be Executrix, and go from there. (She's the only one that will benefit from my father's Will anyway). No one else will get what he bequeathed them since my brother was POA and probably wiped out his bank accounts before he died, and, my father signed his house over to my brother in 2003; a year before he died, and I guess he forgot he bequeathed me his house in his 1997 Will.

 

[anteater]

I realize that. That's why when I go see an attorney for that first free consultation that I'm sure he or she will advise me it best that the Will have an Executor that's physically in NY, because I'm sure there's a lot involved, and a lot to be done. I will then let my Aunt know that I've consulted an attorney, and it's best that she be Executrix, and go from there.

I am just bewildered that you are going to go through this effort when it seems that you agree that it makes more sense for your aunt to administer the estate and you are going to waive your right to serve as the executor anyway.

 

[gccruiser]

I am just bewildered that you are going to go through this effort when it seems that you agree that it makes more sense for your aunt to administer the estate and you are going to waive your right to serve as the executor anyway.

Well, I just want to be able to say that I did consult legal advice before accepting appointment as Executor, and that it's more feasible for my Aunt to be Executrix of this Will. At least I can have some ground to stand on, back up if you will, and say I talked with an attorney about this matter. There's nothing wrong with anyone getting legal advice first; before doing anything of this magnitude of a task. Do you not agree?