If I sign an engagement agreement will I be liable for any legal costs or will that be from the estate I am representing?

I am the Power of Attorney for a Will. The person passed and I have been asked to sign an engagement agreement. Will I be personally responsible for any of the costs incurred or will it come from the estate?

Asked on November 29, 2018 under Estate Planning, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

As long as you sign the agreement not in your personal capacity but as executor (that, not power of attorney, would bethe correct term)--so sign it as "John Doe, executor for estate of X"--and nothing in the agreement says that you are the customer or client or otherwise personally responsible for the money (the estate is the client), and you do not personally guaranty payment, you will not be liable.

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