During a trust administration, a professional trustee may serve alongside a loved one of the decedent. Reasonable compensation is not always obvious.
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If a trust dictates the amount of trustee compensation, that amount generally is what is used. In some cases, you may be entitled to more, however.
If you want to challenge a will or trust or want to remove an executor or trustee then you have two options. You can hire a probate or trust litigator on an hourly basis or on a contingency fee.
Is there a way to pay for probate litigation or trust litigation if I can’t afford to hire my own attorney?
Maybe. Some cases are a good fit for a contingency fee agreement. A contingency fee agreement allows you to hire an attorney without paying anything out of pocket.
Every probate or trust lawsuit has its own unique set of facts and circumstances and you may be better suited to either hourly billing or contingency fee arrangements dependent upon them. Contact our offices today for a case evaluation.
In situations where co-trustees of a trust are unable to get along during the trust administration process, the San Diego probate court can intervene and remove one or both of the trustees. Contact our office today for a free consultation.
If a de facto trustee in California takes a trustee’s fee from a trust, does it violate California trust law?
Whether or not a person rightfully took trustee’s fees from a California trust depends on the terms of the trust instrument and whether or not the person was a named trustee in the document, a de facto trustee, or a trustee de son tort.
One of the major reasons for thorough estate planning is to avoid the significant financial impact probate can have on what is available for beneficiaries at the end of the process.