Columbia, MS asked in Estate Planning for Mississippi

Q: See below

Can I earn commission for selling property if I’m a trustee of the will

I am the co executor of my brothers will and have been for 12 years. I earn a monthly income from the trust to take care of everything $833/ mo. A piece of land he owned I advertised and sold. I placed all the proceeds in the trust account. I have received compensation for these 10 years for handling everything that comes with this obligation. My question is this, can I receive a sales commission for selling this property? If so what %? I talked to a company that handles trust and they said they do not handle any land for sale. They turn it over to real estate agencies. Since they get a commission if they would have sold it shouldn’t I ? Thank you.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN

A: You probably need to move the Court to award you administrative and/or fiduciary fees as the executor. It will require an affidavit of services rendered and a request that the Court order it out of Estate assets. It is not a commission. Hire a MS attorney to do this.

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