Can you charge a fee if you are the administrator or executor in an informal probate?

ADDITIONAL INFORMATION:

What would that fee be?

ATTORNEY ANSWER BY MARGARET L. CROSS:

As Personal Representative, you may charge reasonable fees to the estate. You may charge differently for different tasks. For example, cleaning out the basement would be charged out at a lesser amount than the preparation of the tax return for the estate or the decedent. You will need to keep records on how long you spent on each task. Your fee will be reported to the beneficiaries of the estate in the Accounting. The beneficiaries may object if they feel you overcompensated yourself. Please remember that any fee you take are considered income and should be reported on your own income tax return.

Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration attorneys at the Beliveau Law Group provides legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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