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Is the executor responsible for the lawyers fees?
The estate is responsible for attorney's fees. The executor is responsible to pay the debts of the estate before any property can be distributed. If the executor mishandles the funds they will be personally liable.
Does the executor of an estate pay attorney fees out of their compensation?
They do not pay the estate attorney's fees, the estate does. If they hire their own attorney, yes, they have to pay them.
Can your probate attorney collect his money through a probate account if you don't have money to pay him?
The estate is responsible for the fees. So, yes, he can collect his money from the estate.
In Oregon if the estate does not have enough money to pay the attorney's fees is the Estate Representative personally responsible for payment?
Generally, the estate is responsible for paying the debts of the estate and the costs of probate. However, it depends on what you signed when you hired the attorney. You need to review copies of those documents. If the executor mishandled the estate funds they may be personally liable for any resulting debts.
Can your attorney hold you responsible for fees if the court ordered your ex husband to pay your fees?
yes
If the attorney of an estate is also the personal representative of that estate can she sell the real estate and collect both the real estate commission and her attorney fees?
The real estate agent is the person who collects a commission on the sale of the real estate not the estate representative (executor/administrator). Generally a person who fills both roles, attorney for the estate and executor, can charge for both services.
After death of the grantor of POA who is in charge of the estate?
A Power of Attorney has no relationship to the estate. A Power of Attorney automatically ends at the death of the grantor. The will names an executor who will be responsible for the administration of the estate. If there is no will, the court can appoint an executor. If there is no family member that all the beneficiaries agree can be the executor, the court will appoint a bank or attorney to serve as the executor, at the appropriate fees, of course. Consult a probate attorney in your state or country for further information. The executor named in the will or the administrator appointed through the court if there is no will is in charge of the estate after death. The power of attorney has no effect once the grantor dies.
Are tenants responsible for attorney fees if rent was paid and never went to court?
If u signed on the contact yes. Whatever, I heard that on small claims the judge do not give way attorney fees.
Should sibling who is executor and is inheriting estate residual be able to get executor fees from other sibling who is inheriting most of estate in real estate?
Yes. There is a lot of work and responsibility involved in being the executor of an estate. The one sibling/beneficiary who is appointed should not be reqired to work for the other beneficiary for free. In some cases the executor may not charge the statutory fee, however, they should not be expected to work for free. The executor fee should be paid from the estate. If one of two sibling is inheriting real estate then they should make a cash contribution equal to one-half of the executor's fee.
What can be billed to a deceased's estate?
Expenses of administration. Attorney fees, storage costs, court costs, mileage, executor or administrator's fees, costs of sale of property, etc.
Does the personal representative have to pay attorney fees if there are no funds in the estate?
Generally, that depends on what the person signed when they hired the attorney. An attorney doesn't usually take on a probate in which there are no assets so there must have been assets in the beginning. If the assets are gone as the result of some action on the part of the executor then he/she may be liable for the costs of the probate. The debts of any estate must be paid before any property can be distributed. That includes the attorney's fees.
Do executor fees reduce estate tax?
They are a cost to the estate and typically are a deduction from taxes or the total amount. Yes, they will reduce the estate tax. Consulting a CPA or tax attorney would be a good idea!
