Legal Question in Elder Law in Massachusetts

When you speak about the amount the executor (now called a personal representative) can take, I assume you mean the fee they can charge for their services. The personal representative is not entitled to any compensation or share of the estate beyond compensation for their services and perhaps reimbursement for funds advanced to the estate prior to approval. I think setting compensation may be a good way to provide clarity, but you should speak with an attorney about your specific plan. In some instances, where the personal representative is also the beneficiary of the estate, it may not make sense to receive taxable funds as personal representative compensation when he or she stands to receive the same funds as beneficiary tax free.