Can I be an administrator ofmy mother’s estate as named executor if I live out of state?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be an administrator ofmy mother’s estate as named executor if I live out of state?

I am named as 1 of 2 executors of my deceased mother’s Will. The probate desk clerk said I couldn’t administrate and would have to appoint a MA agent because I live in ME. My brother, the other named executor, intends to decline. I’m really sweating this now because there only exists a small residence in disrepair and a few household possessions worth no more than $85,000, maybe. Yet there are three liens, one of them being a second mortgage for $20,000 and other debts. I don’t have the funds for a lawyer, so any legal fees would have to come out of the residual estate.

Asked on September 29, 2011 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss.  The information that you have from the clerk is true: an out-of-state individual may serve as long as a resident is named to be agent for the estate in the state where the Will is filed. This is mainly for service of process of paperwork for the estate.  Would it be possible for you to name your brother as agent if he resides in MA even if he does not intend on acting as an executor?  It is my understanding that his duties as agent would be far less than that of an executor.  Also, you have not given the value of the house but from what you have listed here then estate is relatively small (although not a small estate category under MA law) so it may not be much to administer. An attorney may not take the matter on if there is no retainer paid up front.  It is such a catch 22 as you could probably sell enough of the possessions to obtain a retainer but you can not until you are appointed.  You can try and file the petition yourself - they are generally not that difficult to fill out.  It is all the other things like notice to creditors that can get crazy. Try and explain all this to your brother in nickels and dimes, so to speak. If you have to hire an agent it comes out of his inheritance.  Plain and simple.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption