Payment of Legal Services

[Don Hornleone 530]

I have a question that I hope anyone with past experiences of this can help me with, either as the collector or the client.

Typically, how are lawyer fees divided amongst a party of an estate administration case? Should it be by the split of the inheritance (ie 50/25/25) or is it typically divided evenly between the amount of people who stand to receive some portion of the inheritance?

[DalTxHornFan 3122]

To the extent that legal fees, or any other expenses for that matter, are related to the overall administration of the estate, they essentially come off the top.  They are directly charged against the corpus of the estate.  Any distributions to beneficiaries will be made from the remaining balance of the estate.

[Dr Fear 1269]

I suppose the will could have some other provision that splits the cost burden in some other way, but there is usually a provision that's says something like "the executor is to pay for an attorney out of estate funds..."

What's the issue?

[Don Hornleone 530]

Thanks for the replies. That makes sense. 
 

This is regarding a small estate inheritance that I’m involved with. I had an estranged uncle pass away who had no spouse or children, no will, etc. His brother became the executor of his estate and we found out by law, that my sister and I are entitled to receive my deceased fathers share of whatever assets are to be collected. My uncle (the executor) has made mention many times that we will split the legal fees but I never asked him if he meant each of us pay a third or would they be divided based off the percentages of the allocation of the inheritance.