ETHICS OPINION 590-1971 EXECUTOR’S COMMISSION; DIVISION WITH LAYMAN

Opinion Number 590-

NUMBER 590

QUESTION.

EXECUTOR’S COMMISSION;

DIVISION WITH LAYMAN

(LAWYER-EXECUTOR’S PROPOSED

(AGREEMENT TO DIVIDE HIS COMMIS-

(SION WITH LAY EXECUTOR IF

(LATTER RENOUNCES EXECUTORSHIP

(INVOLVES A QUESTION OF LAW,

(WHICH IS NOT ANSWERED.

A is a New York attorney. B is a layman residing in Florida. Both are named as executors in a Will. B is willing to renounce his appointment as executor if A will pay him part of the commission he will receive as sole executor. Both agree that the affairs of the estate can be handled more expeditiously and concluded sooner if the need for execution of papers, checks, withdrawals, etc. on the part of B is eliminated.

Would it be proper for A to agree to pay B part of the commission which A would earn as sole executor if B renounces?

ANSWER.

The question does not involve a division of legal fees and accordingly DR 2-107, which deals with that subject, is not applicable.

The division of an executor’s commission involves a matter of law (In re Hammersdorf’s Will, 125 N.Y. Supp. 2d 276, Surr. A. Westch, 1953) on which we do not pass.

July 7, 1971.