If I want to challeng the executor’s fee in probate court, do I file a motion and asked the judge to deny it with my facts for why I think it should be denied?

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If I want to challeng the executor’s fee in probate court, do I file a motion and asked the judge to deny it with my facts for why I think it should be denied?

Do I attach a proposed order?

Asked on July 15, 2015 under Estate Planning, Texas

Answers:

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

Answered 6 years ago | Contributor

Yes you would bring a motion before the Court so long as you have what is called "standing" to do so.  Standing means that you have a right to object.  If you are a beneficiary then you have that right.  You would file what is called a notice of appearance with the court once you bring the motion so that they know who you are and that you reporesent yourself.  AS for attaching the order, some courts are ok with it and some are not.  The rules of the Judge will matter.  There may be a hearing so you would not prepare the order before that anyway.  Also, remember that the Executor can fight you using estate funds.  Good luck.


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