Attorney fees prior to the probate of a will.
Question Details: A family member became an executor by way of death. Two homes were left in the will to grandchildren. One home was caught in a real estate fraud case. The attorney who represented the estate and the fraud case now wants to be paid. Who is responsible for the payment.
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The estate should pay the attorney's fee. The executor made the decision, for the will, to contest the fraud case, whatever it was, and so the grandchild named to receive that property can't be held to account for the cost. Also, it's usually the law, that when a will leaves a specific property to a person, the estate has to deal with the issues involved in getting the property into that person's name.
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