- 44 -
Burch, 586 A.2d 986, 987 (Pa. Super. Ct. 1991)). We are of the
opinion that a Pennsylvania court would uphold the estate’s payment
for Mr. Glover’s services if there is sufficient evidence to
conclude that the payment was fair and reasonable even though Mr.
Glover was a beneficiary of the estate. See, e.g., Estate of Getz,
618 A.2d 456, 460-462 (Pa. Super. Ct. 1992); In re Estate of
Vaughn, supra at 1320.
The services rendered by Mr. Glover and his attorneys resulted
in the recovery of a significant sum for the estate. Consequently,
we find it is proper for the administrators pro tem. to pay from
estate funds the fees for services rendered before the Orphans’
Court removed Ms. Hurley as executrix and appointed the
administrators pro tem. See, e.g., Estate of Bruner, 691 A.2d 530,
535 (Pa. Super. Ct. 1997); In re Estate of Vaughn, supra. Indeed,
respondent acknowledges that the amount incurred for services
rendered before that time by Mr. Glover’s attorneys is $91,192.
A beneficiary who seeks compensation has the burden of
demonstrating that the amount requested is just and reasonable. In
re Estate of Salus, 617 A.2d 737, 742-743 (Pa. Super. Ct. 1992);
Estate of Phillips, supra. The Orphan’s Court can fashion an award
of just and reasonable compensation provided there is evidence of
the services provided. But when the compensation awarded is
without support in the record, the award cannot stand. In re Reed
Estate, 341 A.2d 108 (Pa. 1975).
Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 NextLast modified: May 25, 2011