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    Bob_beit's Avatar
    Bob_beit Posts: 2, Reputation: 1
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    #1

    Jul 2, 2011, 05:49 AM
    Executor to resign
    I am an executor for my brother's estate. I do not have the health to pursue this job anymore. Therefore I want to resign. One month ago, I have hired a lawyer to help me with the estate since I am in Canada and my brother died in the US.

    If I resign as the executor, what will happen with my contract with the lawyer? His fees were $5000 as soon as a bank account is created and 1% of the estate when the house is sold.

    What will happen with the lawyer's contract when I resign?

    Thank you
    Bob
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 2, 2011, 05:54 AM
    Quote Originally Posted by Bob_beit View Post
    ... What will happen with the lawyer's contract when I resign?
    ...
    The contract should be between the estate and the lawyer. The estate, and your replacement executor, are bound by it.

    If the account has been created, he should already have been paid the $5,000. If not, that's the responsibility of your replacement. The attorney will get his percentage when the house is sold, as the contract provides.
    Bob_beit's Avatar
    Bob_beit Posts: 2, Reputation: 1
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    #3

    Jul 2, 2011, 06:02 AM
    Do you mean that even if I sign a retainer as Bob Beit (my own name) I will no longer be bound by the contract with this lawyer?
    Also I have paid $15,000 for the funerals of my brother because his two daughters did not want to pay anything, not being the executor, can I still be reimbursed ?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 2, 2011, 09:19 AM

    Ok, you needed the lawyer long before this

    1. you don't hire the attorney, the contract shows the estate as the customer and you sign for the estate.

    2. and you don't pay for anything, personally, unless there was some agreement with the estate, you may have just paid it. You need to show this as a debt to the estate. But that should have been done and shows as them paying it, with you loaning them the money ** or not paid till the estate cleared.

    Next what is taking so long to do the estate
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