Legal Question in Wills and Trusts in Massachusetts

Re: what executor can charge

What you can charge the estate for your services as executor really depends on your level experience, education, and professional qualifications, if any.

Any fees that you charge to the estate must be reviewed and approved in any final accounting, so you should make sure they are reasonable.

Just because you can charge the estate for your services does not mean that you should. For example, fees earned in the performance of your duties as executor will be taxable income to you. Those same assets, if inherited by you, are not taxable income to you.

You should speak with an attorney who represents executors/administrator in the performance of their duties. Please do not hesitate to contact my office for more information or if you would like to schedule a consultation.

Re: what executor can charge

An executor is entitled to be reimbursed for all necessary expenses of the administration (to include the reasonable fees of an attorney hired to probate the estate) and to a reasonable fee for the time expended by the executor.

However, if the executor is also an heir, it may be prudent to hire others to do the work, as sums paid for expenses are deductions for tax purposes rather than sums paid to the executor being income to the executor. The same funds received by the executor as part of an inheritance are not taxable.

Good Luck!