Legal Question in Wills and Trusts in Massachusetts

Re: Executor Fees

In *Illinois* it's a matter of "reasonable" fees usually based on time spent. There is still some use of old size-related schedules. For what it's worth, on a $2M estate it would be $44,000. I'd look on that as the top.

I doubt she can close the estate without approval or notice. I would contest the fees. You can start negotiating.

Re: Executor Fees

The fee charged by an executor must be reasonable. 10% sounds very high unless there is some justification, such as she is an attorney and litigated some issue for the estate without charge and spent a great deal of time, et cetera. The fee has to be approved by the court and a notice has to be sent.

She should account for her time and effort, and a reasonable fee be agreed for that effort. If the estate has retained independent counsel for probating the estate, I would suggest you all have a meeting with him. If there is no independent attorney involved, I would suggest you all have a meeting and decide on a fair fee. I would be hesitant to put a % number on what your aunt did without more facts, but generally fees for independent Executors tend to be no more than 2% on large estates without some further justification and yours is a large estate.

If the property is in a Trust the rules for fees are the same but the procedure is different.

Feel free to contact me directly if you require more information.

Re: Executor Fees

An executor's fee should be calculated by multiplying the number of hours expended times an hourly rate. And of course the fee (and the hours and the rate) would have to be reasonable. Simply picking a percentage "out of the air" is not the way to calculate an executor's fee in Massachusetts.

The answer might be different if the will has an unusual provision regarding the executor's fee.