In re: the Estate of Weeks 

Illinois Appellate Court
Civil Court
Probate
Citation
Case Number: 
No. 4-10-0338
Decision Date: 
Friday, May 20, 2011
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Affirmed.
Justice: 
KNECHT
Testator died, leaving gross estate of approximately $4.02 million in value, which included $3.04 in probate assets, including farmland and farmstead. Court properly found that fees of $120,000 withdrawn by executor, and fees of $170,000 for attorney, were not reasonable per Probate Act. Court properly held that an executor and his attorney are per se precluded from basing their fees for administering an estate on percentage of estate's value. Court properly disregarded local bar association's fee schedule for estate work, and properly based its determination of reasonable fees for executor ($75/hour) and for attorney ($250/hr.) on time spent, complexity of work, and ability. (TURNER and POPE, concurring.)