Legal Question in Wills and Trusts in New York

A paid executor gets a percentage of an estate as a fee.

In calculating this fee, is a 401k with a designated beneficiary considered part of the estate?

Asked on 8/22/19, 7:58 am

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Usually not. Only assets which pass through probate are used in calculating an executor's commissions. There are exceptions though.

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Answered on 8/22/19, 8:26 am

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