Blog & Resources

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 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 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.

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?

I. Standard of Care for Fiduciaries:

A. Prudent Person Standard: The standard of care to which a fiduciary is held in Pennsylvania is that of “common skill, prudence and caution as a prudent man, under similar circumstances, would exercise in the management of his own estate.” In re Estate of Denlinger, 449 Pa. 393, 396, 297 A.2d 478, 480 (1972); In re Musser’s Estate, 341 Pa. 1, 9-10, 17 A2d 411, 415 (1941); In re Estate of Lohm, 440 Pa 268, 269 A.2d 451 (1970); In re Estate of Lerch, 399 Pa. 59, 159 A.2d 506 (1960).