Legal Question in Wills and Trusts in North Carolina
My sister was the trustee and executor of my mother's estate. She didn't ask for nor receive a fee for her services. Is it customary, in this case, for the other siblings to get together and give her some kind of compensation or gift for the work she did? And if so what or how much?
2 Answers from Attorneys
The trust document and/or will sets forth the fee to be paid to the trustee representative. If your sister was paid nothing you need to see if the document itself authorized it.
I don't know if the trust and will were located in North Carolina. Each state has their own fee schedule so you can use the state statutes as a guide. For wills, in NC, for example, the executor's com mission is about 5% of the probate assets and disbursements. However, fees are set by the clerk of court and are generally determined by the size and complexity of the estate. For example, a very simple will leaving all assets to one heir is less complicated than an estate where properties are owned in multiple states. Other states, like PA, have a graduated fee schedule with the percentage decreasing as the estates grow larger.
Trusts follow much the same rules. Banks usually have fee schedules set forth for their services and you could also use that as a guide.
It is not typical for siblings to get together and pay an executrix or trustee when they did not take a fee for services. Legally, your sibling could have taken her fee. Since she isn't taking a fee and she did all the work out of the kindness of her heart, I think a nice note from all of you, dinner or a gift card would be appreciated recognition for a job well done. It's so nice to hear siblings recognize another sibling for her efforts. Thank you for your question.
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