Legal Question in Credit and Debt Law in Maryland
I am The legaly appointed Personal Representative for my mothers estate. Can I reemburse myself for legal fees paid on her behalf before her death as well as fees incured in administration of her estate?
2 Answers from Attorneys
It often helps to get legal assistance in administering an estate and an attorney working on the estate should be able to offer guidance with specific questions like what expenses are reimbursable.
Generally fees paid BEFORE a decedent dies will not be reimbursed unless there is a valid claim against the estate. It is unclear what legal fees you are referring to or why someone else paid them instead of the decedent. Legal fees associated with the estate are almost always reimbursable. Administrative expenses can and should be reimbursed from the estate but must be detailed on the estate accountings. Note that any attorneys fees or PR commissions must be approved by the court (or consented to by the parties).
While I hope this general legal information helps, it is not legal advice on the specifics of your situation. You may want to consult with an estate attorney in your area.
As a general rule, no. Almost all fees to be charged against the Estate must be approved by the court. If you incurred fees to protect Estate assets, you might prevail.