Legal Question in Wills and Trusts in Massachusetts

Massachusetts executor's fee calculator

How much should be charged?


Asked on 10/16/07, 1:17 pm

3 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Massachusetts executor's fee calculator

It depends. If it is an attorney, attorneys fees are required to be reasonable and adhere to the rules governing attorneys. While there are rules of thumb, such as a declining percentage of the gross estate as valued for estate tax purposes, the fee must be proportionate to the amount of work required to be done. Typically, an hourly fee agreement will be agreed upon at the outset.

If it is a nonprofessional executor, the executor would be wise to consult with the beneficiaries to determine a fair way of compensating the executor. Of course, since the executor's fee is income to the executor, and taxed as such for federal and state purposes, sometimes the executor who is also a beneficiary waives the fee and everyone receives a slightly larger distribution.

Finally, corporate fiduciaries (banks and trust companies) typically have published fee schedules which the decedent is presumed to be aware of at the time the decedent nominates the corporate fiduciary.

Please feel free to contact my office if you need assistance.

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Answered on 10/17/07, 11:40 am

Re: Massachusetts executor's fee calculator

Depends on the size of the estate and the amount of work entailed. There is no set rate but the amount will vary. historically, this amount is between 2% and 5% plus all out of pocket expenses. This does not usually include attorney's fees for filing and preparing documents.

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Answered on 10/16/07, 2:40 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Massachusetts executor's fee calculator

This can also be done by an hourly rate.

You did not say if the executor is or is not an attorney

If you need help, call me.

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Answered on 10/16/07, 6:17 pm


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