Here in California there are many reasons why an executor should hire an attorney, but who pays an executor’s legal fees? In most cases, the estate will pay reasonable attorney fees and costs for the executor. These do not have to come out of pocket.
Why would an executor need an experienced probate, estate administration and tax attorney? What is the secret about being an executor that surprises most people when they step into this role?
For most, it is considered to be a sincere honor and position of trust when a friend or family member asks you to serve as the executor of their will. The vast majority of executors do not understand the complexity of the task ahead of them, and that the process is governed by strict rules and inflexible time frames. The probate laws and code in California is extensive, and contains pages and pages of duties and responsibilities assigned to the executor of an estate. There are many deadlines the executor must meet with not only the probate court, but federal and state tax agencies as well. Here is the secret that many potential executors are completely unaware of:
If the executor does not follow each and every one of these rules, or makes a mistake in their duties they can be held personally financially liable to the estate for any losses that may be incurred. This is why the estate must pay for the executor’s legal fees.
This is also why an executor should hire an attorney, and why it is so important to find the right lawyer. The estate or probate should authorize payment of an executor’s legal fees. The experienced probate, estate and tax lawyers at Janathan L. Allen, APC and professionals at Allen Barron provide insight and expertise across a broad range of disciplines for executors of estates here in the San Diego region. Our accounting staff works with the legal team to ensure that every aspect of your duties as an executor are fulfilled in a timely and accurate fashion. There is no cost to you out of pocket, and we invite all executors to contact Allen Barron or call today to schedule a free consultation at 866-631-3470.
