Why do you have to split executor commission with a coexecutor if only one executor as done all the work ?

Statutory commissions are shared by executors unless otherwise ordered by the court or agreed by the interested parties. If you feel you should receive more than half the commission, you can seek a contrary agreement or apply to Surrogate's Court, which could be costly. BTW, commissions are taxable income. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law.

I believe it is shared by statute subject to modification by the Judge.

Both attorney offer sound advice. But the fee is designed to compensate for services actually rendered so if you feel strongly about this maybe a judge will agree with you. You must weigh the costs of proceeding and the fact that the commission is subject to both income tax and social security tax. Hope this helps. Please remember to designate a best answer to your question. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336, his email address is [email protected] , for more tax, estate and business articles visit his website www.sjfpc.com. and blog

The statutory scheme in New York in smaller estates provides for the sharing of a single commission among or between executors.