Can a POA charge for their services and can an executor charge before the testator is even dead?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a POA charge for their services and can an executor charge before the testator is even dead?

Parents gifted us kids $90,000 to be split 3 ways equally years ago. Brother controls all cash. Brother just informed us he is charging us 20% to be POA and executor. Mom is still alive. How can he do this? He is giving himself $10,000 from the 2 of us on top of the $30,000 he in entitled to.

Asked on August 16, 2011 Wisconsin

Answers:

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

Answered 9 years ago | Contributor

Oh my goodness.  I have never heard of such a thing but it is obviously a blatant abuse of his fiduciary power and if Mom is still of sound mind you need to have her excuse him from his duties asap.  If she is not of sound mind then you need to apply to be her conservator or guardian of her estate and challenge him as the POA.  As for the Executor's fee, that is not too far fetched.  Each state laws allow for an executor to be given a fee for their services but the Will may indeed state that the Executor does not receive anything.  That is also valid.  You may want to make sure that Mom wants all that too.  I think it may be time for help here.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption