Kihei, HI asked in Probate for Oregon

Q: My aunt was the personal representative and the court removed her as the person pr. Is she entitled to the full pr fee?

After she was removed as p.r. the court appointed a lawyer. The lawyer decided to take the alternative fee which is his hourly rate. My question is my au t after being removed entitled to the full p.r of 21k. She already recieved through the court 6k for her work.

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2 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: This isn't something that can be answered by reading your post on Justia. The PR fees is normally requested as part of an accounting and the court has to approve it. It isn't automatic. Anyone entitled to notice of the accounting can file an objection and state their reasons for their objection. Then the court will make a decision.

Theressa Hollis
Theressa Hollis
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Most likely your Aunt will not receive the full PR fee considering she was removed by the Court. You say she has already received $6,000 for her work but that would be very unusual for a Personal Representative to receive any of the PR fee before the estate has closed. I recommend you hire a probate attorney to assist you and answer your questions.

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