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Commission orders fiduciary-commissioner fees paid from estate in Shelby matter
Summary
After a hearing on the estate of James Westmore Shelby, the county commission approved the fiduciary commissioner's recommendations and ruled the fiduciary commissioner's fees to be paid from the estate rather than charged to co-executors personally.
Morgan County commissioners on May 7 heard a contested matter involving the estate of James Westmore Shelby and a report from the fiduciary commissioner. Parties in the room included attorneys representing the executors and objectors and the county prosecuting attorney.
Why it matters: The commission reviewed the fiduciary commissioner’s findings and recommendations and determined how the fiduciary‑commissioner’s fees should be allocated in settling the estate. The question before the commission was whether the fiduciary commissioner’s fees should be treated as an expense of the estate or charged personally to the co‑executors, who are also beneficiaries.
What was presented: Attorneys for the parties reviewed the fiduciary commissioner’s report and the estate record. One attorney representing the executors said he agreed that aspects were not handled correctly but asked that the fiduciary commissioner’s fees be paid as an estate expense rather than deducted from the executors’ shares. Objecting counsel argued the co‑executors’ failures made an allocation to the co‑executors appropriate. The fiduciary commissioner explained his rationale for recommending the fees be charged to the co‑executors because of the executors’ role in delaying settlement.
Commission action: After discussion, a commissioner moved and the commission voted to have the fiduciary commissioner’s fees paid out of the estate. The commission also approved the fiduciary commissioner’s findings of fact and directed staff to prepare a proposed court order circulating the order to the parties.
Background/next steps: The commissioners instructed county staff and counsel to produce a proposed order reflecting the commission’s vote and the approved portions of the fiduciary‑commissioner’s report. The sheriff’s office, probate staff and counsel will be provided the order for implementation as needed.
Ending: With the vote, the fiduciary commissioner’s fees will be treated as estate administration expenses and will reduce the estate’s balance before distributions to heirs.
