Executor Fee Dispute
A Pennsylvania executor fee dispute attorney is there to help explain to you whether or not an executor has charged too much money in his or her fees and how you can lodge a claim against them for charging extensive or unreasonable fees. It is a great deal of work to serve as a personal representative, an administrator or an executor of a Pennsylvania estate. Many people end up in this role only once or twice in their lifetimes which is why it is understandable to question what an executor might get paid. There is no simple answer for appropriate executor fees in Pennsylvania.
A typical estate executor fee has to do with the value of the estate itself. For example, an executor managing an estate that is valued between $200,000 and $1 million might expect a fee of around 3%. Someone who is serving on bigger estates might take only 2% and someone working on smaller estates might take 4%. If you believe that excessive fees have been charged in terms of probate on the part of the executor, you need to gather any information about the fees and request a formal accounting. Your Pennsylvania executor fee dispute attorney can help you. An executor fee dispute attorney in Pennsylvania will review the facts of your case and determine whether or not excessive fees have been charged.
While these percentages don't represent a minimum or a maximum acceptable executor fee, judges alone are the people who have the discretion to reduce an excessive fee or to accept a larger fee. If extraordinary work is required on the part of the executor, then an extraordinary fee may be allowed by the court.
If an estate has been improperly managed, however, then a lesser fee might be imposed. The schedule referenced above is known as the Johnson Schedule but it is not law. Judges ultimately maintain that ability to review with discretion and determine what is reasonable and just under the circumstances.
This means that if you are prepared to accuse an executor of charging too much in terms of the fees inside his or her work carried out as an executor, you need to have ample evidence that indicates that they have not had to do excessive work.
You can anticipate that they will fight back by using everything in their power to allege that you have unfairly accused them of excessive fees.
Only a knowledgeable lawyer who has handled excessive executor, administrator or personal representative fees, will be able to tell you whether or not what has already been charged seems excessive and the recourse available to you as an interested party in the outcome of the estate.
The sooner that you present these concerns directly to a knowledgeable probate dispute attorney in Pennsylvania, the easier it will be for you to figure out your recourse that is available to you and to begin filing the paperwork to request a formal accounting. A formal accounting might reveal that excessive fees have already been charged and in certain situations in which the judge decides in your favor, these excessive fees might be returned to the estate.
If you believe that a person appointed in a role meant to carry fiduciary duty has breached that or has otherwise harmed the recipients of estate assets, this information should be shared with a lawyer immediately. Only an attorney can provide the necessary guidance about whether or not grounds exist to pursue a case. Anyone who distributes out assets before the right time could be held liable and other penalties may be assessed against someone who acted too soon.