mothers will
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
mothers will
can the administrator of an estate claim a percentage of the estate,if the will states that any remaining assets are to be shared equally among surviving family members, after debts are paid. how long does a family have to file a complaint about the executor.
Asked on June 24, 2009 under Estate Planning, Ohio
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I'm not an Ohio lawyer, and the rules can be different from one state to the next, but most jurisdictions allow the personal representative of the estate to take a specific percentage (maximum), as long as the will doesn't forbid it. This is an expense of the estate, and even if the executor is one of the surviving family members, this doesn't violate the will.
To see whether the executor of your family member's estate took an improper commission, and if there's still time to do anything about it, you'll need to have an attorney in your area review the facts in more detail. One place to find a lawyer is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.