Can executor charge for what was left just to him?

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Can executor charge for what was left just to him?

My mother left my brother executor of Will. She left her house and property to both of us. She left her $325,000 to just my brother. Can he charge an executor fee for the cabin also?

Asked on February 21, 2012 under Estate Planning, California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Here is what I think that you are asking: can he charge a fee for being the executor of the entire estate?  Yes, that is generally how it works.  He is able to charge a fee for the gross estate which includes all property left to nyone and included as part of her estate.  He can, of course, waive the fee. Get help if you think something is not right. Good luck.


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