Legal Question in Wills and Trusts in New York

I am the executrix of an estate. Part of the estate includes a piece of property with a garage. This is to be split between me and 3 relatives. Can I take a fee for being the executrix.


Asked on 4/29/11, 12:06 pm

2 Answers from Attorneys

Paula McGill Attorney at Law

It doesn't matter if you're one of the beneficiaries. You are entitled to a commission. In New York, the commission is based on the following:

5% on the first $100,000 held by the estate

4% of the next $200,000

3% of the next $700,000

2.4% of the next $4 mill.

2% of any assets above $4 mill.

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Answered on 4/29/11, 4:43 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Paula, unless there is something in the Will that indicates you are to serve without fee. I have not read the document, so this is a general response only.

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Answered on 5/02/11, 12:54 pm


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