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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 32830
Experience:  12+ yrs. of experience including estate law.
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Is an executor responsible fees to defend themselves when

Customer Question

Is an executor responsible for attorney fees to defend themselves when siblings claim he did not perform his duties yet a judge found no evidence of wrong doing in Pennsylvania... The judge actually found there was not a sentila of evidence to support their claims. The decedent made changes financially after learning she had weeks to live and conducted all of the activities on her own accord without any influence as they claimed.
Submitted: 7 months ago.
Category: Estate Law
Expert:  P. Simmons replied 7 months ago.
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen.
Expert:  P. Simmons replied 7 months ago.
I am sorry for this dilemma. But not sure I understand your specific question. Are you asking if you have to pay for your own lawyer to defend a lawsuit?
Customer: replied 7 months ago.
The question is... I am the executor of my mother's small (very small) estate 100 K house, a 6K bank account titled with my sister (which was turned over to my sister upon my mother's death as she was jointly titled on the account); and an annuity with all four of us as beneficiaries which was cashed out shortly after death with the proceeds distributed at 25% to each of us. My siblings alleged that I used power of attorney to cash out Bonds my mother owned. I did not cash out the bonds my mother did so on her own free will while living. She put the money 30k into a bank account which was titled solely in my name (much to my surprise) and ask me to use the money for care of her sister and the remainder was to be given to my 10 year old son for college. I set up a trust at the nursing home and paid my Aunt's bills and gave 5K to her other sister for care needs as well. My siblings filed a motion to have me removed as executor and alleged wrong doing. The judge found no evidence and cited that my mother was free to do what she wished with her assets while living. He also stated that I was not to be removed and to continue with the estate administration. The litigation cost over 7k for there accusation and the estate attorney was who did the litigation on my behalf as executor. My question is given their attempt to have me removed as executor had no merit and in no way was based in factual information ( they were given all the documentation clearly showing their accusations were unjust to a previous attorney who told them they did not have merit) They went on fond another attorney lied to him and had him file the motion anyway which caused the litigation fees by the estate attorney. They now claim I should be responsible solely for paying that. I say no as it was associated with estate administration and my role as executor which I did in accordance with every aspect of upholding my duties. My question is am I responsible for the fees since it was estate related and they are just bitter individuals looking who are spiteful and terrible human beings. I should not be responsible for legal bills they created on my behalf by filing the motion they knew was without merit.
Expert:  P. Simmons replied 7 months ago.
Thank you. Generally speaking the law provides that each side pays their own lawyers fees. But the rules are a bit different when involving an defense of an estate the estate pays the fees. Was this not addressed during the hearing? That is, did the judge rule on this issue (who pays the fees for the estate lawyer)?

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