Is it necessary to pay your brother to be executor of you mother’s Will?
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Is it necessary to pay your brother to be executor of you mother’s Will?
Asked on September 27, 2011 under Estate Planning, Virginia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is not necessary to pay the executor of a will. Oftentimes, certain costs that the executor must bear can be reimbursed to him as a priority cost typically in any estate. If the executor is an attorney, then typically the attorney does charge a fee as a legal professional. Ultimately, if your brother wishes to be paid for his services then it might be reasonable to pay him for his time if he is involved in a complex estate with many bills to pay, creditors to handle, beneficiaries to pay out to and the like. If your mother has yet to pass, and other siblings would like to ensure that the named executor cannot charge a fee or agrees to not charge a fee, then you may wish as a family to discuss and have your mother include this provision in her will after an independent attorney reviews the will as a whole.
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