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can the administrator of an estate claim a percentage of the estate,if the will states that any remaining assets are to be shared equally among surviving family members, after debts are paid. how long does a family have to file a complaint about the executor.
Asked on June 24, 2009 under Estate Planning, Ohio
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I'm not an Ohio lawyer, and the rules can be different from one state to the next, but most jurisdictions allow the personal representative of the estate to take a specific percentage (maximum), as long as the will doesn't forbid it. This is an expense of the estate, and even if the executor is one of the surviving family members, this doesn't violate the will.
To see whether the executor of your family member's estate took an improper commission, and if there's still time to do anything about it, you'll need to have an attorney in your area review the facts in more detail. One place to find a lawyer is our website, http://attorneypages.com
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