ESTATE OF ELIZABETH O'CONNOR, Deceased

ESTATE OF ELIZABETH O'CONNOR, Deceased (15/4261/A) — In this uncontested accounting proceeding, Robert E. Johnson, Esq. (the petitioner), as co-executor of the estate of Elizabeth O'Connor (the decedent), seeks judicial settlement of his final account and approval of his legal fees for services rendered from decedent's death on November 5, 2015. On November 23, 2016, the decedent's last will and testament, dated September 24, 2015, was admitted to probate, and the petitioner and Bozena Ostrowska (Ostrowska) were issued Letters Testamentary on that date. The petitioner commenced the instant proceeding on April 7, 2017. Jurisdiction has been obtained over all interested parties, and no objections have been interposed to the relief requested.

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ESTATE OF ELIZABETH O’CONNOR, Deceased (15/4261/A) — In this uncontested accounting proceeding, Robert E. Johnson, Esq. (the petitioner), as co-executor of the estate of Elizabeth O’Connor (the decedent), seeks judicial settlement of his final account and approval of his legal fees for services rendered from decedent’s death on November 5, 2015. On November 23, 2016, the decedent’s last will and testament, dated September 24, 2015, was admitted to probate, and the petitioner and Bozena Ostrowska (Ostrowska) were issued Letters Testamentary on that date. The petitioner commenced the instant proceeding on April 7, 2017. Jurisdiction has been obtained over all interested parties, and no objections have been interposed to the relief requested.

The petitioner seeks, inter alia, approval of legal fees for services rendered to the estate, in the amount of $55,652.00, of which $46,575.00 has already been paid. Attorneys representing the fiduciary of an estate are allowed “such compensation for [their] legal services as appear to the court to be just and reasonable.” SCPA §2307(1). Nonetheless, an attorney/executor is not permitted payment of legal fees for rendering services that are executorial in nature. Matter of Mergentime, 207 AD2d 452 (1994); Matter of Ellis, 277 AD 2d 102 (1st Dep’t 2000). The attorney/executor bears the burden “to differentiate between his executorial and legal services.” Estate of Warhol, 201 AD2d 46, 47 (1st Dep’t 1994), citing Matter of Schoonheim, 158 AD2d 183 (1st Dep’t 1990).

ESTATE OF ELIZABETH O'CONNOR, Deceased

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