- 44 - Section 2053(a)(2) provides for the deduction from the value of the gross estate of such amounts for administrative expenses "as are allowable by the laws of the jurisdiction * * * under which the estate is being administered". Administrative fees include attorney's fees. The amount claimed must be actually and necessarily incurred in the administration of the estate and must be reasonable. Sec. 20.2053-3, Estate Tax Regs. Under Pennsylvania law, the Orphans' Court is the Court that reviews the validity of and the reasonableness of administrative fees. When the fees of counsel are brought before the Orphans Court for review, it is a function of the court to decide what is a reasonable and just compensation under all the circumstances. Crawford's Estate, 307 Pa. 102, 111, 160 A. 585, 588 (1931). Factors to be considered are the size of the estate, the novelty and difficulty of the questions involved, the extent of counsel's labor on the case and the time the labor required, the responsibility assumed by counsel and his professional standing. Warden Estate, 348 Pa. 224, 225, 35 A.2d 297, 298 (1944). Respondent contends that the attorney's fees that the estate seeks to deduct for payments made to the Tupitza law firm are unreasonable. The Orphans' Court has not been asked to pass upon the reasonableness of the Tupitza law firm's attorney's fees, and it falls upon us to make the determination.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011