I believe an attorney will ask 10%. It also depends on how much work was involved. It can be a lot of work, so 10% can be reasonable. However, for very large estates, 10% may be a bit much.

I think you're going to have to ask an attorney in your own jurisdiction. The standard language in a will here in Texas reads as follows: As compensation for [his/her] service hereunder, my Independent Executor or any successor named above shall be entitled to charge the same fees customarily charged for similar services in other estates at the time the services are rendered.

That's necessarily vague. I would suggest you contact another attorney, and if you're unsure where to turn, your local Bar Association can probably help guide you.

Each state is different.

Attorney's aren't the Executors unless they were assigned to the job. Your sister will get a small percentage, maybe 5%, give or take a couple of %'s. It's usually not that big of a per cent, but the amount could still add up if there's a lot of traveling and paperwork to do.

I'd get the courage and ask your sister. Try to sound innocent.

I'm sorry about the loss of your mom. Settling estates is not fun, I can tell you that!

From personal experience, and I hate to say this, keep an eye on your sister. Someone in my family sneaked a $10,000 item away from my dad which I should have received. It was very underhanded. That's the awful truth about dealing with wills and such. People get greedy.

I was the executrix for my Father's estate. In good conscience I could not take any % since it really didn't involve much work and we didn't have to probate the will. I know I was entitled to a percentage - I think it was 5 %- but you don't have to take it.

Who gave you this paperwork? If the attorney drew it up she might have been overly generous with the commission due to her friendship with your sister. Before agreeing to hire the attorney to help settle the estate you can negotiate the fees. It can be the attorney's normal hourly rate plus any paperwork fees that need to be filed. If an attorney is involved with the settling of the estate she will submit a bill for her work. But it doesn't have to be a % unless there are extraordinary circumstances.

I can see why you don't want to ask your sister but you may have to if indeed the commission is that high. And if they are friends I wonder how much your sister has agreed to pay the attorney?

I know that State laws differ on executor(s) commission amounts. Unless there is a ridiculous amount of work involved, why not just share and share alike. I only suggest this as it is what we've done in our family when a family member passes. It's not at all difficult to be an executor. Sure, being reimbursed for any costs associated with the execution, I am all for reimbursement. But, an actual fee being paid to execute the estate of your own mother, well that is just unbelievably greedy IMHO.

I am very sorry for the loss of your mother.

vicki...I just went through this. I was the Executor of my Father's Estate...my sister was not happy about that. Our Estate Attorney told me that as Executor, I was entitled to a Commission. They said it could be any amount, but usually fell between 10% and 20% of the Estate Value, which in my Father's case was substantial. I didn't want to rock the boat with my sister, so I waived my right to the Commission, but it would have been around $25K. I am happy about my decision, as I love my sister and did not want money to come between us. Good Luck, and so, so sorry for your sadness.

I will have to do this with my grandmother and my father. I will not take a commission. As for the attorney, from what I was told (when will was re-done, POA assigned, etc.), I believe she charges her regular rate, etc. not a percentage. I would call the attorney or an attorney in your area - I agree that there are probably differences from state to state.

tina

I don't think my siblings took any percent for our mother's estate--I can't remember what the standard percent was in New York, just got reimbursed for any expenses they incurred.

10% is what we were told. My oldest brother, the Executor, took nothing.

ML

We tried our best to settle most things ahead of time. My mother was 97 years old so we knew her time was coming soon. Her long term care took most all of her assets. There was little left over. That is a topic for another discussion: long term care insurance. The same attorney who is handling everything now is the same attorney who told us that we didn't have to do anything additional when we paid for his services a year ago. My sister had POA but that ended with the death of my mother. We should have had a POD on her account but did not. So now the same attorney that told us we didn't need a POD is now profiting from the fact that we did not have one. Remember, the atty and my sister are great friends. It hurts me to see that the executor (my sister) is taking such a sizable amount from the account. I guess I always knew that this could happen but I always defended her. I have no desire to start trouble. It just hurts so much and wanted to vent. I am rambling. Sorry. I would rather vent to you than to her. She is all the family that I have left.

As executrix of both my parents' estates, I took nothing. I have never heard of a family member taking a fee when acting as executor of an estate. I am so sorry, but unfortunately, many families seem to have issues when settling estates. Ask me how I know. :(

Did you and your sister share equally in the burden of her care? Asking because I took care of my Uncle and Mother and it was hard work. My sisters placed no value on that at all. Not saying that was your case, just asking. I think whoever cared for her should be compensated a little.

My brother took his % and he wanted it in cash so it wouldn't be taxed as income.
I'm still bitter :(

But tell me this ..
Are you responsible now for attorney fees and fees to your sister as the executor ??
You said the attorney is "handling everything now".
Also sometimes the % is written into the Will .Did you see it there?

Sorry it's been such a mess.
It always is ...
When I go I know for a fact there will be no fighting between my children .
Hard to fight over nothing :0

My brother & I were co-executors ~ we took nothing other than expenses. I was the oldest daughter & he was the oldest son. There were five of us. I don't know how she managed it, but she had everything in all our names & we never had to go through probate; therefore no attorney fees or court costs.

10% sounds incredibly high to me - I thought the standard was more like 2% or 3%. You should definitely check to see if there is a standard or range set by statute in your state. The percentage may also vary based on the size of the estate. You could try asking the attorney if 10% was a typo - maybe it was supposed to say 1%??

Golddust- I understand the point you are making regarding my sister's responsibilities vs. mine. My sister did live in the same town as my mother and I live across country. This is always difficult. I had the burden of not being close and I lived with that guilt. I did a lot for my mother. I bought all of her clothes and sent them to her as I like fashion and it was something that I could do to help out. I worked in the medical profession for 20 plus years so I handled all of her medical affairs including insurance, prescriptions, etc. I also brought my mother to my home at least 4 times a year for a period of 2 wks. So I wasn't an absentee daughter. My sister lived in the same town as my parents all of her life and had five children. When the children were young she always had a built in babysitter and I am talking for weeks at a time when my sister and hubby would travel. So there were perks in the younger years of living close. Also, things just always magically disappeared from my mother's home and made their way into my sister's home after my mother went into assisted living. Even the diamond earrings and such that I gave to my mother as gifts from me magically disappeared. I have a picture of my mother in the diamond earrings that was taken the day before she passed and yet when I arrived home 2 days later, the diamonds were gone and nobody knows what happened to them. Hmmmm. I guess I am saying that she felt a sense of entitlement and I am now beginning to wonder when that sense of entitlement ends. I guess if I let this ride the entitlement will end now. There is nothing left. Thankfully I will never have to go through this again. Such a shame.

I personally don't think a family member should be compensated for anything other than expenses. Just my own personal opinion. When my mother was ill, my sister and I shared in her care. I remember my sister saying it was an honor to care for our mother during her last months/weeks/days. I agree. My mother took care of us for many years, this was our turn.

Regarding probate, not all estates go through probate (at least not here), the estate must be above a certain amount. My grandmother's estate will be the one that could be a problem, although everything is specified in the will.

Expenses should come from the estate.

tina

Vickij - this must be so hard on you. You have my complete sympathy. It seems that every family has a tale like this. When my DH's elderly grandfather passed away one of his adult children drove all night and managed to clean out all the "good stuff" before the other siblings knew what was happening.

My DH is a medical oncologist and he has told me some really awful stories where family members who are visiting his hospitalized patient start arguing about who is going to get what. He's even been informed by one family member that he shouldn't tell other family members when death is imminent because they're afraid someone will run home and take the jewelry.

Unfortunately caring for a parent or handling their estate all too often reveals the true character of children. Whatever you decide I hope you can deal with it and somehow manage to keep it from gnawing at you.

I know it would be almost impossible because of money involved, but I would switch attorneys. In grief we don't even think about things like which attorney you should choose until it's too late.

How close are you and your sister? I'd be blunt with her. My dh had to literally lay down the law to relatives who wanted to take things from his DM's house after she passed away. Even to his SIL. He was the executor (took no money) and they thought they could just take anything they wanted!

Also, don't feel that you're being greedy asking for what rightfully belongs to you, and reciving your fair share of her estate, no matter how small it is.

I'd bite the bullet and call your sister out on this.

If this attorney drew up the will, etc. I'm not sure you can change attorneys. On the other hand, if a will was prepared, these things should have been discussed at that time.

What's most important (IMHO) is honoring your mother's wishes. I'm hopefully she expressed her wishes to you and your sister.

tina

You don't have to use the same attorney who wrote the will. Most attorneys now charge an hourly rate, although some still charge a percentage. In these economic times you can shop around and negotiate a lower fee in some cases.

If you google for executor's commission in the state where the estate is being settled, you'll find information on the percentages executors can charge. Different states have different guidelines and some may be more strict than others with executors being accountable for what they charge. For instance, if it's a simple estate and the lawyer is doing most of the paperwork and your sister is just signing off on it, it would be hard to justify taking a large commission.

I hate these kind of decisions that eat at me. Should I go for peace or principle? I'd want peace, but then again, I wouldn't want to give anyone the satisfaction of thinking I didn't know what they were up to. LOL