Legal Question in Wills and Trusts in California
Executors Fees for Wills /Ttrusts/LLC
I have a concern that a fee to the executor of my mothers trust/LLC is being administered before she has passed. Is that a legal procedure? How is the fee calculated? Is there a flat fee or decending fee on the total amout of the trust, will or LLC? IE: the first $15000, the next ''X'' amount etc.?
Thanks in advance for your help.
3 Answers from Attorneys
Re: Executors Fees for Wills /Ttrusts/LLC
The executor takes a percentage fee, but this must be approved by the court, and the executor is not appointed until after someone's death.
Perhaps there is a trustee serving, or someone running the LLC. If so, they are entitled to compensation, which is either spelled out in the trust/LLC, or if not, according to state law, which provides for "reasonable compensation."
Reasonable compensation for a trustee in California is .75 to 1.0% of the value of the trust assets per year, plus expenses. The trustee is entitled to more if extra work is done, such as defending the trust from lawsuits or dealing with complex tax issues.
Re: Executors Fees for Wills /Ttrusts/LLC
your question is unclear. it depends on the wording of the documents
Re: Executors Fees for Wills /Ttrusts/LLC
There is an executor of an estate, only after a person passes away. If they are alive, then there could be a conservator if she is incapacitated.
For a trust, there is a trustee, who operates within the terms of the trust, and compensated thereby.
An LLC must be managed by one authorized by the Operating agreement of the LLC, and it should stipulate any compensation.