My father passed away in PA, my brother is currently the executor. He is claiming the executor fee is 10% and wants to take 10% from the inheritance. There is no documentation. Is this legitimate and what can the rest of us do?
Unless the will spells out that he will be paid, he does not get the fee. If he wants to be paid or resign, someone else can step into his position as the executor and do the same job for no cost. When we prepare wills, we do cover this issue because sometimes it does take a considerable amount of time to do it. There is no percentage that an executor is entitled to, and in the state of WA, it is limited to what is reasonable. This tends to be between $2500-$5000 at most. You may have to go court and file a petition stating that it is an unreasonable amount, and that you do not wish to see paid as someone else can fulfill that position.