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Estate of Smulyan

Estate Fiduciary's Legal Fees Fixed on Quantum Meruit Basis, Reduced From Those Sought

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DECISION

*1This is a contested proceeding for the settlement of the final account of IB as executor of the will of Maria T. Smulyan for the period from the date of her death, June 1, 2014, to December 31, 2016. The second amended account shows gross receipts (i.e., principal and realized increases) of $3,938,029.72. IB, an attorney, has served as counsel for himself as fiduciary for the estate. Verified objections to Schedules C and C-1 were filed by the court-appointed guardian ad litem (“GAL”) for Bernd Schmitter (“Bernd”), decedent’s son and beneficiary under the will. The objections relate solely to: 1) IB’s request for an award of legal fees to his firm to the extent that those fees are not a reasonable and necessary estate expense and were charged for rendering executorial services; and 2) his request for approval of payments to an accounting firm for tax and accounting services to the extent that those fees are not established as reasonable and necessary estate expenses.1The parties have consented, in writing, to have the objections decided based on the pleadings and supplemental papers, without discovery or motion practice, and have waived their

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