Q: Should the commission $19k come out of the estate when “the house & contents” were given to 1 sibling? He chose to sell.
My brother was given the house and contents in my step dads will. I was given 22.5 of the remaining estate, my brother 55% my daughter gets 22.5%. My step dad passed away over 2 years ago and the estate has been depleted by legal fees, a hold up in home repairs, and the $19,000 commission on a $270,000 property my brother gets. What’s left is $6,000 for me and $6,000 for my daughter. There’s very little communication with the attorney as they answer to my brothers direction. He’s the biological son to my step dad. We have the same mom and our parents we’re married 40 years. The house was in my step dad’s name only, he purchased after mom’s passing. My question is, are these fees normal? My brother got the house proceeds immediately upon the sale almost 2 years ago. My step father told me he’s putting my brother in charge of things upon his passing. My brother doesn’t communicate except to tell my daughter hurry up and sign so he can get his $15,000. I told her hold up, mom’s googling
A: In NYS, the executor commissions is typically paid out of the estate. An objection to the amount can be made when the accuracy of the estate accounting is questionable. You can retain your own attorney as an interested party if needed.
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