Legal Question in Wills and Trusts in Massachusetts
Administrators Fee
My aunt passed away this summer without leaving a will. My cousin and I agreed to be co-administrators. Are we entitled to an administrators fee and if so, what is the amount or percentage?
2 Answers from Attorneys
Re: Administrators Fee
I'm sorry to hear of your loss.
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Yes, administrators of most estates are entitled to fees. You MUST keep careful time records (showing not only time you spent but, to help flesh it out, what you spent the time doing!). Keep every receipt, also.
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Is your cousin the daughter or son of your aunt? If so, what is your interest in the property?
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Why did you volunteer?
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There is no exact amount or percentage, but a judge has to aprove it, generally (which means perhaps that the beneficiaries aren't objecting to the amount you claim). The judge will only approve "reasonable" fees and may disallow any if you ask for too much. By the way, you take on some potential liabilities by being an administrator; if a house burns down uninsured, for example, you could have to pay for it, as one example.
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If there is a taxable estate, charging fees can ultimately save taxes. What size is the estate? What are the assets in the estate? (Is there real estate? Is there a federal tax return to file?)
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Who has filed for you two to administer the estate? Where (what courthouse) are you filing in? How many beneficiaries are there and where do they live? How old are you and your cousin and where do you each live?
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Reply privately to [email protected] if you would, please.
Re: Administrators Fee
I'm sorry to hear of your loss.
[ new paragraph ]
Yes, administrators of most estates are entitled to fees. You MUST keep careful time records (showing not only time you spent but, to help flesh it out, what you spent the time doing!). Keep every receipt, also.
[ new paragraph ]
Is your cousin the daughter or son of your aunt? If so, what is your interest in the property?
[ new paragraph ]
Why did you volunteer?
[ new paragraph ]
There is no exact amount or percentage, but a judge has to aprove it, generally (which means perhaps that the beneficiaries aren't objecting to the amount you claim). The judge will only approve "reasonable" fees and may disallow any if you ask for too much. By the way, you take on some potential liabilities by being an administrator; if a house burns down uninsured, for example, you could have to pay for it, as one example.
[ new paragraph ]
If there is a taxable estate, charging fees can ultimately save taxes. What size is the estate? What are the assets in the estate? (Is there real estate? Is there a federal tax return to file?)
[ new paragraph ]
Who has filed for you two to administer the estate? Where (what courthouse) are you filing in? How many beneficiaries are there and where do they live? How old are you and your cousin and where do you each live?
[ new paragraph ]
Reply privately to [email protected] if you would, please.