Is a personal representative’s fee and reimbursement for costs incurred as executor, to be paid out of an inheritance?

My probate attorney has told me that my personal representative fee and reimbursement for costs incurred as executor will be paid out of my inheritance, This does not seem correct. My research indicates all 3 to be separate entities.

Asked on July 4, 2012 under Estate Planning, Hawaii

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would consult with another attorney as soon as you can.  Generally speaking you are correct:  the fees come out of the general estate proceeds and "off the top" so to speak, not out of your inheritance only.  The expenses do reduce the size of the estate to be distributed.  Good luck.


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