[talky]

the executors hv the final say to sell the estates to raise cash.
if the beneficaries are not in gd terms with them it will be hell.

[WhatDoYouThink?]

one of the beneficiaries can be the executor

[Clyde]

My friend passed away. The executor demand $17000 from the beneficiary as "working allowance".

[talky]

My friend passed away. The executor demand $17000 from the beneficiary as "working allowance".

by right the executors shld also be paid.who wants to work for free.
the $ amnt is depending on the estates value.
but there again not everything is dollar n cts.

did the deceasesd know the executors demand b4 passed away ?

[Clyde]

by right the executors shld also be paid.who wants to work for free.
the $ amnt is depending on the estates value.
but there again not everything is dollar n cts.

did the deceasesd know the executors demand b4 passed away ?

Of course not. The executor was his colleague. We asked him why choose this person and he said this colleague had assured him that he would do everything nicely for him once he left.

The executor dragged his feet when required to sign off those document. He claimed his salary was about '$1000 a day working as an Engineer in an mnc'; meaning that the beneficiary had to pay him $17000 since they met up 17 times (but only 2 hours after work).

After paying him the $17000 then only my friend's brother received the assets.

[talky]

Of course not. The executor was his colleague. We asked him why choose this person and he said this colleague had assured him that he would do everything nicely for him once he left.

The executor dragged his feet when required to sign off those document. He claimed his salary was about '$1000 a day working as an Engineer in an mnc'; meaning that the beneficiary had to pay him $17000 since they met up 17 times (but only 2 hours after work).

After paying him the $17000 then only my friend's brother received the assets.

nothing the beneficiary can do but just pay up even if it on ransom.
thats is why i said earlier many overlook the importance of choosing the executors.

[talky]

the estate left behind must be >1 million  17k/1000000 =1.7%
but i must say is a greedy friend/uncle
learn fr where n who ?

[Tangsen]

Can the executor could be a law firm? Of course, there will be a fee

[Clyde]

This executor claimed his pay was $1000 a day as an Engineer 11 years ago. My toes are laughing.

[debono]

This executor claimed his pay was $1000 a day as an Engineer 11 years ago. My toes are laughing.

Where is there an engineer's salary as $1,000 a day...........which  company employed him........

[Bigbluedot]

cant understand why ask an outsider to be the executor.
normally own relatives especially the beneficiaries (son, daughter).

a lot of works you know.
pay him some is not unreasonable in my opinion.

[ezwills]

one of the beneficiaries can be the executor

Unfortunately this is not a new problem but one that's little understood. 

The whole problem starts with the will maker not asking the person he appointed as executor what he was expecting in return and also the person who agreed to being executor not saying that he was expecting to be paid. 

That said, there is no entitlement for an executor to be paid anything at all. 

However, an executor may seek an executor's 'commission' under Section 66 of the Probate and Administration Act. Section 66 says that a court may allow an executor up to 5% of the estate's value but in deciding this  a court may be guided by the executor's conduct.

In general, an executor may seek a commission for his 'pains' and 'troubles'. Being an executor can be both painful and troublesome. However, it is not always the case that an executor will have any 'pain' or 'trouble' in carrying out his duties as executor. It may be time consuming but not painful or troublesome. 

It is commonly accepted that an executor will suffer 'pains' and 'troubles' if he is sued as an executor and has to defend the claim in court. If an executor doesn't have to defend a court claim it's much harder to justify a claim for commission. 

As for the claim to be compensated based on the executor's salary of $1,000 a day, even if it is true that he does earn that amount there are 2 BIG flaws with that argument.

1. He is being asked to carry out his duties as an executor and not as an engineer. What is the basis for saying that an executor should be paid the same rate as an engineer? and
2. Even if he is worth $1,000 a day as an engineer does he have experience as an executor worth $1,000 a day? How many lawyers have enough experience as an executor to demand $1,000 a day?

So how is this problem to be solved then? 

Unlike the situation of the house mover who stops his truck in the middle of the road refusing to move unless he is paid more this situation is resolvable.

Option 1 - tell the executor that he should apply to the court for a commission if he thinks he's entitled to a commission;
Option 2 - ask the named executor to renounce his right to be executor and one of the main beneficiaries can step forward to apply for Letters of Administration with Will annexed.

Whilst we have dealt with the topic of Executors and Trustees in a couple of our blog posts at  www.blog.ezwills.com.sg, executor's commission is NOT a topic we've blogged on. Perhaps there is a need for the public to know more about this by way of a new blog post. Is there a need?

[sclim]

ok.good point. so where to find neutral and good estate executor?

[Teeth53]

Where is there an engineer's salary as $1,000 a day...........which  company employed him........

17,000 for 2 hours work.......

[ArielCasper]

Deceased at fault.. You expect someone to do the dirty work for you, but don't give him a single cent? Some more this person is not a next of kin of the deceased.

If in the will deceased stated a token sum to be given to the executor, then would have lesser problem..

[ezwills]

ok.good point. so where to find neutral and good estate executor?

Usually the main beneficiaries would be as good as anyone to step forward as executor/s. 

However, if the family members are already quarrelling (not unusual) if any beneficiary takes on the job that is probably going to be one hell of a job. 

This is why sometimes people ask an experienced lawyer to be the executor whose 1st task may be to say to quarrelling family members - do you want everything done smoothly and quickly or do you want to fight and quarrel all the way? If you want to fight it'll mean I can claim an executor's commission and you all get less. What do you want to do?