If a lawyer is named executor of the estate, do they get to charge their normal hourly rate?
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If a lawyer is named executor of the estate, do they get to charge their normal hourly rate?
Or do they get a percentage of the estate like a non-lawyer?
Asked on February 14, 2012 under Estate Planning, Virginia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
For which duties? It seems her that they are doube dipping, so to speak. They may be charging ees to do legal work at an hourly basis AND a fee for being the executor. Virginia has a set of guidelines as to compensation and I believe that it is codified in law. The Will is prevailing if it addresses the issue. Many states- New York being an example - caution attorneys from acting in both capacities. I would check with some one to see how this is handled. Good luck.
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