Blog & Resources

From our “Ask a Question” mailbag: My dad died recently and his estate-planning attorney wants to charge us a percentage of the estate to act as the probate lawyer. I see that you charge hourly. Which is better?

I have found over the years that charging a percentage of the estate as the estate’s lawyer is seldom fair. Usually the percentage is disproportionate to the work done. I find that being paid hourly for actual work done is fair for everyone. Either way is legal and proper, I just feel more comfortable charging by the hour.

From our “Ask a Question” mailbag: My mother named me the Personal Representative of her estate. I am happy to serve, but I have a family and a job, so I just don’t have the time to do all the work. I want to hire an estate attorney to help me, but I am unclear as to how they are paid. Do I have to pay the attorney from my own money?

Every Personal Representative in New Jersey has the right to hire an attorney to assist them. These attorneys are paid out of the estate’s funds, not out of the Personal Representative’s pocket. An experienced probate lawyer will have a staff available to economically help you with the probate process, the sale of estate assets and protecting you from personal liability.

From our “Ask a Question” mailbag: I am named the executor of my father’s estate, but know nothing about the probate process nor do I have the time. I want to hire a probate attorney to help me, but how is the probate attorney paid?

As executor you have the right to use estate funds to hire professionals to assist you. Typically, you will hire an attorney to assist with the probate process, the transfer of assets and making sure you are released from liability. Typically, you may also hire an accountant, a realtor and a financial advisor.

From our “Ask a Question” mailbag: I am the co-executor of my mother’s Lehigh County, Pennsylvania estate, along with her attorney. What fee can he charge?

First, if your mother’s attorney is serving as the executor and will also be providing your mother’s estate legal services in Lehigh County, the attorney should not be charging both fees:

an executor’s fee and
a fee for legal services based solely on a percentage of the estate.

I am the co-executor of my Mother’s Delaware County, Pennsylvania estate, along with her attorney. What fee can he charge?

First, if your Mother’s attorney is serving as the executor and will also be providing your mother’s estate legal services in Delaware County, the attorney should not be charging both an executor’s fee and a fee for legal services based solely on a percentage of the estate.

As Executor of an Atlantic County Estate, can I be reimbursed for mileage?

As the executor of an estate, your expenses incurred in handling the estate are reimbursable from the estate assets. Typical examples are filing fees, parking fees, and money that you pay to have the estate assets secured or cleaned. You are also reimbursed for reasonable travel costs that were incurred only because of the estate.

I am the Executor of a Philadelphia estate and wish to distribute my mother’s house from the estate and into my name. What is the filing fee for that transfer?

In Philadelphia County, the filing fee for an Executor transferring a deed is subject to the Deed provisions of PA Acts 113 and 126. Currently, the fee for filing the deed, which distributes the house from your Mother’s estate into your own name, is $252.00.

Direct estate administration questions lead to simple answers in some states, but require thoughtful analysis and create uncertainty in others. Klenk Law provides clarity on three frequently asked questions in Pennsylvania estate administration: Executor, Administrator and Personal Representative compensation.

I am the co-executor of my Mother’s Chester County, Pennsylvania estate, along with her attorney. What fee can he charge?

First, if your Mother’s attorney is serving as the executor and will also be providing your mother’s estate legal services in Chester County, the attorney should not be charging both an executor’s fee and a fee for legal services based solely on a percentage of the estate.

Pennsylvania estate executors and administrators – known broadly as personal representatives, typically take the same first step when called to administer an estate. They research and find an experienced probate attorney to guide them through the process and establish that attorney’s fees. Why is hiring a probate attorney essential?