What to do if my brother and I are co-executors for my father’s estateI and he wrote his wife a check for $1250 for legal fees but she is neither a lawyer or a paralegal?

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What to do if my brother and I are co-executors for my father’s estateI and he wrote his wife a check for $1250 for legal fees but she is neither a lawyer or a paralegal?

The services she provided are that a week before my father’s death she downloaded a form for power of attorney and a for for a will and helped him fill it out, as a favor at the time. Is it permissable for her to charge the estate legal fees after his death for this?

Asked on May 6, 2013 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  The actions by your brother sound suspect at the very least, especially since his wife is not an attorney and the paperwork is beyond the scope of a paralegal if she gave any legal advice to him.  You have a right to object to the charge to the estate and you should consider speaking with him about it first before you take any legal steps. Good luck.


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