Legal Question in Wills and Trusts in Illinois

Yes, that is customary. The fees, however, will be subject to your review when the final account is presented and ultimately could be subject to the judge's consideration if there are issues. If the concern is great, you should speak with a local, well-recommended probate attorney now and consider requesting supervised administration of the estate (although the trade off for greater protection is that will generally add expense).

Yes, the attorney is entitled to fees. The attorney's compensation should be based on whatever services he or she provided to the estate. The appropriate place to get the fees is from the estate--the attorney works for the estate, or more properly advises the executor or administrator of the estate in matters concerning the estate. It's a professional occupation, requiring payment of fees for professional services rendered. Assuming you are an heir and legatee, you will be asked to approve attorney fees and the executor or administrator's fees. You don't have to approve anything you don't want to.