In New York, the responsibility for settling legal costs associated with estate administration typically falls upon the estate itself. This means the funds used to compensate legal professionals involved in navigating the probate process are drawn from the deceased person’s assets. For example, if an executor hires an attorney to assist with probate proceedings, the attorney’s fees are paid from the estate’s bank accounts, proceeds from the sale of estate property, or other assets. This principle applies whether the will specifically addresses legal fees or remains silent on the matter.
Clearly defining the source of payment for these services protects beneficiaries from unexpected personal expenses and ensures the orderly distribution of assets. Historically, this structure has evolved to safeguard the integrity of the probate system by preventing conflicts of interest and promoting equitable administration. Understanding this process allows for a transparent and efficient handling of estates, minimizing potential disputes and fostering confidence among all parties involved.
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