- 27 - able under Md. Code Ann., Est. & Trusts, sec. 7-601(b).24 Re- spondent appears to acknowledge that, if attorney’s fees of $7,500 had not been allowed under Md. Code Ann., Est. & Trusts, sec. 7-602, the estate would have been entitled to deduct under section 2053 that maximum amount of commissions. However, as we understand respondent’s position, Md. Code Ann., Est. & Trusts, sec. 7-602(c), requires that the amount of commissions allowable to a personal representative under Md. Code Ann., Est. & Trusts, sec. 7-601(b), be reduced by the amount of attorney’s fees allowed. Consequently, respondent maintains that the estate is entitled to deduct under section 2053 only $11,607 of personal representative’s commissions (i.e., $19,107 (maximum amount of commissions allowable under Md. Code Ann., Est. & Trusts, sec. 7-601(b)) minus $7,500 (attorney’s fees allowed under Md. Code Ann., Est. & Trusts, sec. 7-602)). We reject respondent’s interpretation of Md. Code Ann., Est. & Trusts, sec. 7-602(c). That section provides that if a Mary- land court determines to allow attorney’s fees, in making that determination “it shall take into consideration * * * what would be a fair and reasonable total charge for the cost of administer- ing the estate * * * and it shall not allow aggregate compensa- 24On the instant record, we find that the estate has failed to persuade us that the personal representative performed any extraordinary work of administering decedent’s probate estate (or nonprobate estate).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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