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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34832
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I have just been approved to be the Independent

Customer Question

I have just been approved to be the Independent administrator of my late mothers estate, how much am I allowed to charge the estate for my work that is being done?
Submitted: 11 months ago.
Category: Estate Law
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Illinois law provides that executors shall be paid reasonable compensation from the estate for their work, without defining what is "reasonable." So executors are bound only to charge ordinary and reasonable fees, based on a variety of factors. In other states, reasonable fees for probate work can run from 1 to 5 percent of the estate's value.

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In Illinois, hourly fees for executors' work are customary. In 2011, in a probate case In Re: Estate of Weeks, the Illinois Appeals Court ruled that the state has no legal authority for an executor charging a percentage fee. So executors must submit the amount of their requested fees to the probate court for approval. The court has found in several cases that $50 per hour is considered a reasonable fee.

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If all parties agree on the fees, there is no litigation on the matter. If there is a dispute over fees it can drag out the probate case for quite a while and if the court rules in favor of the executor in the case, the heirs may be obligated to pay additional fees and costs.

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thanks

Barrister

Customer: replied 11 months ago.
Thank aaaaayou for your response. My mother had asked me to be the executor, but, at the time I had turned it down due to having ccancer, at that time, she had gone ahead and written her will. In her will, because she thought that I would not have been alive upon her death, so she left my inheritance to my three children, that is not the entire problem, althought it does bother me quite alot beause I have one child that is on the run from having warranties, she now lives in Florida, my other daughter, sent me a text as my mom was in the process of passing,, leting me know that my mom was not her grandma since she had been a small child, it definitely feels wrong to give her anything! so I have just been appointed to be the independent Administrator, I am being told by my attrny, to log all time that I put into getting things taken care of, I just dont know how much would be considered ok. the only beneficiaries are my brother( whom has already gotten 40,000.00 owed to the estate. due to borrowing from my mother. My chidren are the other beneficiaries. My mother was not poor, she has approximately 160,000.00 in her IRA type trust. I feel like I am doing the entire amount of work and will get nothing for doing this. My brother would of been unable to be administrator because he is a felon, drug addict also. My son has broad spectrum autism, he is very high functioning, he just doesnt have any social skills, my other daughter is as I said on the run, and my oldest daughter disowned her grandmother years ago. It upsets me deeply that I am going to have to give all of this money to a drug addict, a alcoholic that is on the run. that is why I want to know what I can legally charge? I need a dollar amount, I have tons of work to do in order to get her estate settled. there is also realestate,, her home, that is currently worth 70.000 dollars.please throw me an amount that would be reasonable, but on the higher end.
Customer: replied 11 months ago.
I apolpogize for all of the typing errors. I would like to charge at the very least 65$ per hr. and I really dont care if it comes out of her estate, It is my understanding that none of the beneficiarys could have been the administrator, none of them have the requirements to do so. I am the one that paid an attrny money of my own to get this going, I paid a fee down, and now he gets 100.00 per week from me to assist me as needed throught this project. Will I be reimburst for any of my money that I have had to pay out of my own pocket, with the amount of fees that I am able to charge? Will I be able to be paid in full before everyone else, or do I wait until the beneficiaries are paid.
Expert:  Barrister replied 11 months ago.

There is no way I can pick out a number and say "this is fine, no one will object". As I said, the courts have ruled that $50 per hour is reasonable so you could probably bump it to $65. The point is that one of the beneficiaries will have to object to your claimed fees if they don't feel that they are reasonable. The judge isn't going to object on their behalf.

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And you get reimbursed for any money you have loaned the estate and for your fees first before any beneficiaries get anything. I am not sure how you think you would be paid if not out of the estate, but any expenses come out of the estate assets.

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As for who she left her estate to, it may have turned out to be unfair to you, but unfortunately if you want to proceed as executor then you have to follow the terms of the will. With that said, if you don't want to administer the estate, there is nothing that says you have to do so and you can simply petition the judge to resign if you do not want to act in that role.

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thanks

Barrister