I think I'm going to be appointed administrator of my mom's estate by the probate court. It is a fairly large estate including real estate and personal property. Is is legal for me to hire help, like an accountant or an attorney, to get me through this (without having to pay for it myself)?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Editor's Response
Yes you can. If you are appointed administrator, the court will hopefully give you some guidance on this issue. Depending on the size and complexity of the estate, and because they have important fiduciary duties to the heirs, administrators often hire more than one advisor, including a probate attorney or an accountant. The estate will pay the costs associated with your administration of the estate, including the cost of hiring these necessary advisers. Good luck.
Personal representative's power to hire attorneys and advisors.
UPDATE: Under the newly enacted Massachusetts General Laws Chapter 190B, the Massachusetts version of the Uniform Probate Code, personal representatives are given many and broad powers, including powers given to them under the old probate law of MA. In this regard, however, the old probate law and the new are the same: Personal Representatives have the right to hire advisers, such as attorneys, auditors, investment advisers, etc. on behalf of the estate and to assist her with its administration.