I understand the risk of being a executor when there is a contest but having seen this the decision was we would rather see $ burnt seeking advice , protecting executors and estate and know they were legitimate expenses rather than the blood sucking PT diminishing the estate and charging a motza. We scared the party off by instructing a large legal firm early who ensured the contesting party was going to have to spend a motza upfront to get anywhere with their invalid claims. Our bluff tactics with bignames worked . A thankless stressful and time consuming hassle.
Every situation is different and I note your resistance to PT but if you can do the beneficiary the right thing without risking yourself avoid the PT.
PT should be fixed fee not % as they just milk large estates IMO and especially like closing out estates in new financial period just to get next fees!!!! I could say a lot more but won't.
Good luck with it. Beware the PTR doesn't ask for indemnity when stuff is handed to them as they just protect themselves all the way IMO.
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Shanthar Pathmanathan, MD
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