Legal Question in Wills and Trusts in Massachusetts

My mother passed away in early Dec/2012 in Mass. An attorney is the executor and was named as such in her will. She had a small home. Dec - Jan - Feb/2013 the bills on this home were not paid (electricity/insurance/etc) and the pipes burst because of the really cold winter we had. Now that the home has sold he is charging us the $6000 in fees for the plumber because we were not insured at the time. He is stating that it was not his responsibility to pay the bills until it went through probate, that we should have known that and paid the bills out of our own pocket those months. We were never told this as we were told (by this same attorney) all bills would be paid out of the estate. Is he responsible for this or do we have to pay this bill?? When I ask questions - he just yells and tries to intimidate and put it on us for not doing anything. I thought the point of an executor was to do all the work?? He is charging us 30% of the value of everything...and had no problem writing a check to himself right after she died.

Asked on 8/20/13, 7:18 am

1 Answer from Attorneys

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I suggest you contact an attorney as soon as possible and file a petition for his removal as executor and seek a proper accounting for the assets of the estate and the expenses related thereto. Percentage fees are not allowed in probate and the fees must be reasonable.

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8/20/13, 8:45 am

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