Dallas, TX asked in Estate Planning for Maryland

Q: What are the court cost of the removal of an executor

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Estate Planning Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: The court does not impose a cost. The person who is seeking to remove the PR files a motion with the court, setting forth the grounds for removal. The court then either holds a hearing on the motion or rules on the motion without a hearing. If the person who is seeking removal hires a lawyer to prepare the motion, then there are lawyer fees. Lawyers generally charge by the hour. Hourly rates range widely depending on the county you are in and the experience and stature of the lawyer. How many hours the motion takes to prepare, and the time it will take to appear and present argument before the court, depends on the nature and complexity of the grounds for removal, the amount of evidence to review and prepare for submission, the number of witnesses to prepare for testimony and cross-examination, and any number of other factors. If you represent yourself, you may incur no money or costs, but you may also fail to present a sufficient case for removal. If you hire a lawyer, you will need to retain that lawyer with sufficient funds to cover the estimated fees to see the motion through, which will require a meeting first to go over the grounds and other matters I have just laid out. Different lawyers may quote different retainer amounts based on their assessment of the time they feel they need to present the case. The PR, of course, is entitled to retain a lawyer at the expense of the estate in order to defend any motions filed. That expense will be paid from the estate assets, regardless of the outcome of the motion, and it will reduce the assets available for distribution to the heirs. So, that "cost" must also be recognized, win or lose, as litigation expenses drain the estate of funds available for later distribution.

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