Q: Ancillary Probate: In NYS, an estate was settled in 2012. In 2017 ancillary probate was done. Who pays legal fees?
For an estate in NY, Ancillary probate (in Maine) had to be done in 2017 to take care of a small piece of jointly owned property. Should the executor/attorney have reserved funds for this? He didn't have it taken care of in 2012. He is also a beneficiary. He is asking the other beneficiaries to pay, along with him. Also, there was a co-executor. Is the co-exec also responsible for not reserving funds? Or is the primary responsibility of the attorney for the estate (also the chief executor)? Or should everyone split the bill?
A: Funds should have been reserved. The beneficiary of this property can ultimately be required to pay. But it would take a proceeding.
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