Legal Question in Wills and Trusts in California
trustee fee
I have recently been appointed to be the trustee of my disabled aunts irrevocable trust funds (there are 2 separate trust funds) I noticed that prior to my appointment the attorney charged the trust a trustee fee for managing the trust. Is there a fee schedule to follow that I can be compensated for at the end of each year? I don' t know what an appropriate amount is.
3 Answers from Attorneys
Re: trustee fee
The trust agreement will probably provide for reasonable compensation. You can check the fee schedule of professional trust companies for some guidance, understanding that they are professionas and bonded, and therefore should be a bit more expensive than a private Trustee. You should also keep your time and expenses and be guided by reimbursment of expenses and a reasonable hourly rate given your experience and skills.
Re: trustee fee
unless the trust provides otherwise, a trustee is entitled to "reasonable compensation". you should retain an attorney to represent you as trustee and answer questions such as these which occur during the operation of the trust.
Re: trustee fee
It depends on what the trust says. If it awards "reasonable compensation" then you need to look at the trusts assets to decide the amount. It might award a percentage based on the income or trust corpus as well.
You might want to consider retaining an attorney to assist you as trustee (I assume since you are asking this, that you are not a professional trustee). Most trusts allow for compensation of Attorneys/CPAs/other professionals to assist the trustee.