Q: Can my sister claim PR fees? Or both of us. We are the only beneficiaries.
My father’s will names both of us as PRs. I, unknowingly, signed a document that waived my rights as PR. My sister said it was needed, along with some other documents, to open the estate with the Register of Wills at Orpans Court. She emphasized that I did not need to go with her to the court to file the documents. She’s my sister, so I trusted and believed her. Since then, I’ve done the bulk of the work (clean dad’s house to put it up for sale, emptying house once sold, gather 2 years of tax documents & bills to send to her). I reside in MD and she lives in CT. She has not returned to MD since my father’s funeral.
A:
Only a Personal Representative (PR) can claim/earn commission. Maryland law gives a right to commission by statute as compensation for the PR's role. Other family members who assist do not have a right to the statutory commission.
However, a PR who is also a beneficiary / heir may elect to waive commission and simply receive their inheritance. Because commission is generally taxable income and an inheritance is not generally subject to income tax, a PR may in some cases (particularly where they are the only heir but also sometimes in other situations) opt to waive commission and simply take inheritance.
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