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Estate Fees, Lawyer Fees

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lisas67firebird

Guest
Help! Help! Help!
Ohio. It's a long drawn out ordeal and this is only part of it. I replaced my sister as executrix for my mothers estate. It cost me approx $1300.00 out of my pocket for attorney fees to challenge her. The court removed her because she could not file an acceptable statement of accounting (after 1 1/2 yrs). My attorney told me not to worry about fees because from then on because he was paid by the estate. I went to see my attorney the other day (9 months later) and he wants approximately $900.00 for the time my sister and I were co-executors (3 months). She would not cooperate at all with me so I had to call my attorney to get legal advise. I wanted to have his fees taken out of her share of the estate and he said I could not that I would have to go after her directly. My attorney is receiving a percentage of the estate on top of what I have already paid him for handling the estate.

1. Should I be responsible for paying the attorney or should that be part of his estate fees after I became co-executor to executor? I only phoned him because she was being a total witch and not cooperating at all.
2. Can't I request my fees be taken from her share of the inheritence because it was her fault that I had to get an attorney (she was not doing her job & I can prove it).

This is only 1% of the issues I have had dealing with trying to settle this estate.

HELP!!!!!
 


ALawyer

Senior Member
The attorney basically wants to be paid for all the time he devoted to the case -- which is not unreasonable -- and he probably does not care if the money comes from you or the estate, and thus would be pleased to bill the estate IF he could.

BUT if the both of you were co-executors, and HER attorney was the attorney of record, he may not be able to bill the estate during that 3 month period -- but ASK HIM TO MAKE SURE -- and thus YOU would then have to pay, as YOU are the one who used his time, regardless of whether it was your sister the witch who caused you the grief.

No, what you see as her misconduct is not grounds for you to withhold it from her share of the estate UNLESS you get a judgment against her -- which likely will cost more than the money you'd take from her.
 
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lisas67firebird

Guest
I stopped by small claims court this morning and picked up the forms to file small claims against former executrix. Can I file small claims against former executrix while I am current executrix of the estate. Would that be a conflict of interest? With the evidence I have of how poorly the estate was handled I feel I would win a judgement and can that judgement be used against her share of the estate?

I heard through the grapevine she is planning to file bankrupcy and a credit card company is already garnishing her wages or should I just chalk up the $2200.00 and all the aggrivation and get on with my life?
 

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