Legal Question in Wills and Trusts in Indiana
Who pays executor/attorney for Probate?
My grandmother's Will was prepared by her attorney, who was also named executor. The Will was contested by her daughter (my grandmother's legal guardian)and after two years of negotiation, we settled.
I hired two attorneys from different to represent my interests and of course, paid their fees.
The executor/attorney who represented my grandmother's estate just sent me a bill that ''needs your attention'' for about $5000.
Am I responsible for his fees? It was my understanding that the executor/attorney would be paid out of the estate.
And shouldn't he be taking up his fees with the guardian?
1 Answer from Attorneys
Re: Who pays executor/attorney for Probate?
You certainly want to bring this to the attention of the probate court judge who approved your estate settlement, perhaps by means of a petition seeking instructions on how to handle the statement. Generally, an attorney for the estate or the executor is paid from the funds of the estate, unless, of course, in a contested case the settlement failed to contemplate his payment. It would be my position that he has to petition the Court to approve his fees and determine from whence they come.
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