Estate of: Sandra C. Lesser, Estate of: Sandra C. Lesser, No. 1295 EDA 2016

Decedent Sandra Lesser died testate in 2012; Theresa Kehler was named executrix and Linda Walters (Esq.) was named estate counsel. The estate was worth about $1.45M.
Walters and Kehler executed fee agreements: Walters to receive a flat 3% attorney fee; Kehler to receive a 6% executor commission. Walters instructed Kehler not to keep time records; Walters likewise kept no contemporaneous time records.
Walters handled the estate from Nov. 2012–Sept. 2014, received $45,000, but did not prepare inheritance or income tax returns or the first and final account; successor counsel completed those tasks.
Walters gave erroneous or inadequate advice that led to executrix self-dealing in a real-estate sale (sale price below appraisal, unnecessary broker commission), an unapproved $5,000 charitable donation not clearly authorized by the will, and an excessive $10,000 cleaning charge (court found $5,000 reasonable).
The orphan’s court found Walters’s $45,000 fee patently unreasonable, reduced counsel fees to $10,000 and surcharged Walters $35,000; it also imposed surcharges on the executrix. An en banc panel affirmed; this appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether orphans’ court erred by surcharging Walters $35,000 (reducing fee from $45k to $10k)	Walters: fee was contractually agreed (3%) and reasonable; she performed ~154 hours	Commonwealth/Orphans’ court: fees must reflect reasonable value of services; Walters was inexperienced, failed required tasks, gave harmful advice	Affirmed: court did not abuse discretion; $10k reasonable and surcharge appropriate
Whether court erred in surcharging executrix $5,000 for excessive cleaning fee	Walters: (challenging surcharges on behalf of executrix) cleaning fee was agreed or reasonable	Commonwealth: $10k was not justified; $5k proper; executrix liable for excess	Held: Walters lacks standing to challenge surcharge against executrix; issue not entertained
Whether court erred in surcharging executrix $5,000 for $5,000 donation to Montgomery County SPCA	Walters: donation complied with decedent’s intent regarding "cat charities"	Commonwealth: donation not shown to be a decedent-designated cat charity; no court approval; executrix liable	Held: Walters lacks standing to challenge surcharge against executrix

In re Fiedler, 132 A.3d 1010 (Pa. Super. 2016) (standard of review for orphans’ court decrees)
In re Estate of Rees, 625 A.2d 1203 (Pa. Super. 1993) (reasonableness of fiduciary compensation rests with orphans’ court)
In re Estate of Preston, 560 A.2d 160 (Pa. Super. 1989) (percentage fee structures not dispositive; fees must reflect services' value)
In re LaRocca's Trust Estate, 246 A.2d 337 (Pa. 1968) (factors for determining attorney's fees)
In re Estate of Westin, 874 A.2d 139 (Pa. Super. 2005) (attorney negligence can justify surcharge/reduced compensation)
In re Smaling, 80 A.3d 485 (Pa. Super. 2013) (presentation of evidence can preserve issues despite no exceptions)
Bergdoll v. Kane, 731 A.2d 1261 (Pa. 1999) (standing doctrine overview)
In re Hickson, 821 A.2d 1238 (Pa. 2003) (standing requires substantial, direct, immediate interest)
Office of Governor v. Donahue, 98 A.3d 1223 (Pa. 2014) (aggrievement requirement for appellate standing)