Legal Question in Wills and Trusts in Illinois

My aunt died and the funds from her probated estate (in WI, where she had her home) went into a trust here in IL. One of my cousins is executor of the trust and another cousin said he heard that she is getting 15% as a fee. If this is true, isn't this too much? She has hired an attorney to help her. According to IL law the fee should be "reasonable compensation for services rendered." Isn't 15% much too high?

If she IS getting 15%, can someone contest that?


Asked on 9/05/12, 11:52 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

It all depends on what the Trust documents say. The settlor of the Trust, your aunt, could have specified a specific amount or percentage amount to go to the executor or successor Trustee. There is nothing you can do about that. If your cousin is setting this amount on her own, you may be able to contest it but you take your chances that the court would set her percentage higher based on the work required by your Aunt's Trust.

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Answered on 9/06/12, 8:34 am


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