- 28 - tion in excess of that figure.” See Wolfe v. Turner, 299 A.2d 106, 109 (Md. 1973); Wright v. Nuttle, 298 A.2d 389, 391 (Md. 1973). Section 7-602(c), Md. Code Ann., Est. & Trusts, does not limit, as respondent appears to argue, the aggregate amount of the commissions allowable to an estate’s personal representative and the fees allowable to an estate’s attorney to the maximum compensation allowable to such personal representative under Md. Code Ann., Est. & Trusts, sec. 7-601(b). Respondent determined to allow the estate a deduction under section 2053 of $7,500 for attorney’s fees. Respondent does not argue, and the record does not establish, that the aggregate amount of the commissions allowable to the estate’s personal representative under Md. Code Ann., Est. & Trusts, sec. 7-601(b) (i.e., $19,107) and the fees allowable to the estate’s attorney under Md. Code Ann., Est. & Trusts, sec. 7-602, which respondent allowed the estate to deduct under section 2053 (i.e., $7,500), is not “a fair and reasonable total charge for the cost of administering the estate” of decedent under Md. Code Ann., Est. & Trusts, sec. 7-602(c).25 25In respondent’s reply brief, respondent contends for the first time that petitioner did not demonstrate “that the attor- ney’s fees paid by the estate were for other than routine work of the estate’s personal representative.” We reject respondent’s contention. Respondent allowed the estate to deduct under sec. 2053 $7,500 of attorney’s fees. Implicit in respondent’s deter- mination to allow such a deduction is respondent’s acknowledgment that such attorney’s fees are allowable by both Maryland law and (continued...)Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011