Legal Question in Wills and Trusts in New Jersey

When is the executrix allowed to 'get paid' if the estate has not been settled?

Asked on 12/29/11, 7:26 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Usually this is done at settlement, but income commissions (6% of income) can be taken annually as can reasonable corpus commissons. Beneficiaries of the estate can approve taking of reasonable commissions at any time. Is there any reason estate cannot be settled promptly so that commissions can be taken? Last resort, Executrix can petition Court to allow interim commissions, if delay in settlement is beyond control of Executrix.

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Answered on 12/29/11, 8:04 am
Robert Davies The Davies Law Firm, P.A.

the answer is a bit complicated. call me to discuss.

Robert Davies, Esq.

201 820 3460

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Answered on 12/29/11, 10:57 am


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