Can a POA charge for their services and can an executor charge before the testator is even dead?
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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 13 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.
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