Under the California Probate Code section 16420(a)(7), the court can reduce or deny compensation of the Trustee if the Trustee commits a breach of Trust. All Rights Reserved. Trustee fees generally align with how little or how much work was required by the trustee to administer the trust. If the executor or trustee distributes the other income, the related withholding credit must be distributed (allocate withholding). If the executor or trustee distributes the gain on the sale of the real property, the related withholding credit must be distributed (allocate withholding). It is hard to find experienced lawyers that you can count on to get things done the right way. , which allows for reasonable compensation under the circumstances. Because what is reasonable is subjective and the circumstances of each trust are different, it is best to work with a lawyer when deciding on trustee fees to prevent the possibility of your trustee fees being challenged in court. These fee schedules are not legal standards but they may suggest benchmarks for what constitutes reasonable compensation.. Klosek Law Offices has your best interests at heart and is the estate planning partner you need for your family. Questions about this page? If you have any questions related to the information contained in the translation, refer to the English version. We are ready to help you with your Family Trusts and Wills to protect your family. Trustees can petition the court if they feel that they have performed difficult work beyond routine management or whats laid out in the trust. While the nature of investments is that they are not always guaranteed to turn a profit, the trustee has a fiduciary duty to act as a reasonably prudent person when investing trust assets and not engage in highly speculative or risky investments; otherwise, they could be sued for mismanaging trust assets and altogether be denied the requested trustee compensation. California The total fees for California executor in this estate would be: $15,700. An attorney can help you not only with interpreting the trust instrument to determine whether specifics for trustee compensation are provided, but also with completing your other responsibilities, such as gathering and valuing trust assets, which can contribute to the amount you eventually seek in trustee fees. 5. Press the Calculate Now button For the most part, corporate trustees are compensated through a percentage of the trusts assets, typically between 1% and 2% per year.

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