Recent Feedback
My father's will states that the attorney and the executor are compensated as a percent of "distributable assets". They calculated this by by using gross assets, before liabilties and taxes. This makes their share as high as possible. Shouldn't "distributable assets" be calculated by subtracting liabilities and taxes to come up with the assets that are distributed to heirs?
Optional Information: Country relating to Question: United States State (if USA): Pennsylvania Already Tried: Asked a local lawer
Welcome! Thank you for your question.
Normally it would be gross. However, it does appear that the will does limit the compensation to distributable assets. A will restriction controls over state statutes. You are correct that the compensation should be limited to assets distributed to heirs after court costs, taxes and other liabilities are paid.
I cannot provide you with specific legal advise. I can provide you with general information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.
When you review my initial response, please remember that I cannot guess what information you already know. I am answering the question(s) posed by you based upon my reading of your post and sometimes I can misunderstand or misinterpret your question. If I did not answer the question you thought you were asking, please rephrase your specific question.
Unfortunately, sometimes the law does not support what you would like it to support. I hope you appreciate that I have given you an accurate understanding of the law. I will not just tell you what you want to hear.
Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.
Please show your appreciation for my candor by clicking VERY INFORMATIVE, the SMILEY FACE or giving me 5 STARS and positive feedback.
There can also be a delay of an hour or more between my responses to your follow up questions because I may be helping other customers or have stepped away.
Finally, I appreciate repeat customers. You can request me by beginning your question with "Dear XXXXX..."
Experience: Over 14 years experience in Medicaid, Estates, Trust.