QUESTION

Who pays for ancillary probate years after estate distributed?

Asked on Sep 25th, 2017 on Wills and Probate - New York
More details to this question:
Our mother's estate was settled in 2013 and cash distributions made to four beneficiaries, including the executor. Each beneficiary also received a one-fourth interest in property in another state. This property in 2017 was transferred to a family limited partnership made up of other relatives. Our family's portion of the bill (thousands) from attorneys handling that transfer was sent to the executor of our mother's estate; he says the bill should be divided among we four beneficiaries. Should the executor pay the fee, or should we all split the fee, as he says? He is calling this ancillary probate; he is an attorney and he paid himself as executor and as attorney when handling the original estate. (In fact he double-billed for many services in the original estate, but the rest of us decided not to challenge him in front of a judge.)
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
The attorneys screwed up.  They should have reserved for this.  The executor is responsible to pay and he likely cannot sue the beneficiaries at this time, but the retainer letter will govern.  I would ignore it at this point.
Answered on Sep 30th, 2017 at 1:01 PM

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