Legal Question in Wills and Trusts in California
Can an executor of a will or trust be involuntarily denied his fee as executor.
Asked on 3/22/10, 3:43 pm
2 Answers from Attorneys
Ken Koenen, LLM
Law Office of Ken Koenen
Only be a judge for good cause.
Answered on 3/27/10, 4:02 pm
Donald Field
Donald L. Field, Jr., Attorney at Law
this depends upon whether or not the operative document is a will or a trust. after a petition for probate has been filed with the court and appointment by the court as executor, an executor of a will is entitled to the statutory fee (and in some cases an extraordinary fee) unless the court orders otherwise for good cause.
trusts do not have executors, the fiduciary is called a trustee. the fee to which a trustee is entitled is provided in the trust agreement. to challenge such a fee an interested party must petition the court.
Answered on 3/29/10, 7:51 am