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The executor's fee comes out of the general estate funds, not out of the beneficiaries on a pro-rata basis. But in a practical sense, the residuary legatee is the one who pays the fees, just not directly. Example: An estate is worth $100,000. Debts and expenses are $50,000., of which $10,000 are the executor's fees. The will gives the sum of $50,000 to person A and everything else to person B. After payment of the $50,000 in debts and the gift to A of the $50,000., nothing is left. So B, the residuary legatee has effectively paid the executor's fee.
In some states beneficiaries have been successful in petitioning the court to spread the fees in a more equitable manner when there are limited funds.
Wiki User
∙ 13y ago
Wiki User
∙ 15y agoUsually, each party pays for their own attorney. You can ask the Court to make your spouse pay for your attorney, but you need to have a very compelling reason why that's necessary.
Wiki User
∙ 11y agoThey are paid by the estate. Unless the lawyer has been retained by a beneficiary, in which case they are responsible.
Wiki User
∙ 17y agoIt should be paid by the estate.
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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.
Who pays the probate attorney and how much?
The estate pays the probate attorney. The amount will depend on the agreement the executor makes with them.
Who pays for lawyer to replace exuector?
The estate pays the executor and the attorney. So it will be a part of the estate settlement and approved by the court.
Who pays the attorney when someone dies in Alaska?
The debts of the deceased are the responsibility of the estate. The estate would pay the cost of an attorney. If the estate has no assets, the attorney would require someone to pay them for their services.
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.
i am the petitioner. i am representing myself. the respondent has a attorney. do i have to pay the respondents attorney fees this is for a legal separation?
This depends on the civil laws for your locality. In most separations, attorneys fees can be part of the overall negotiation as far as who pays in the end.
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.
What does Attorney fees are hereby reserved mean?
"Attorney fees are hereby reserved" typically means that the right to request payment for attorney fees in a legal proceeding is being retained or saved for a later decision or determination. It indicates that the issue of attorney fees may be addressed at a future point in the legal process.
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.
Who pays recording fees in a real estate transaction?
That issue can be negotiated. Both Buyers and Sellers may pay recording fees but buyers often pay those fees. The practices vary from state to state.
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.
You were behind on child support and your ex wife took you back to court Are you responsible for her attorney fee?
Only if the court says you are. Ordinarily, each side pays its own attorney's fees.
