Estate of Heller

In this probate matter, the executor of the estate appeals from orders fixing attorney fees and executor commissions. (Estate of Effron (1981) 117 Cal.App.3d 915, 921, fn. 3 [ 173 Cal.Rptr. 93 ].)

The decedent, Kate Heller, died testate April 3, 1986. She was survived by four children: Elliott Heller, Irving Heller, Betty Berman and Shirley Kane. Originally, Elliott Heller was appointed executor of the estate in May 1986. Attorney Warren H. Eckert performed services for the estate until November 1988, when Elliott Heller, as executor, substituted himself in propria persona as attorney. Elliott Heller died in July 1989. Appellant Irving Heller was appointed as successor executor in September 1989; Attorney Charles F. Legeman performed services for the estate during Irving Heller’s administration. On November 13, 1990, the court filed its orders approving first and final account and distribution, discharge of executor, and fixing statutory fees and commissions and extraordinary attorney fees.

Appellant Irving Heller complains on appeal about the following orders made by the trial court:

Summary

Apportionment of statutory fees and allowance of extraordinary fees are…