Can my sister charge a trustee fee of $13,000 on an estate only worth about $350,000?

UPDATED: Nov 10, 2015

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Can my sister charge a trustee fee of $13,000 on an estate only worth about $350,000?

Is this fair?

Asked on November 10, 2015 under Estate Planning, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The trustee fee arrangement varies depending on the state fee schedules for trustees and the specific terms and conditions written out by the maker of the Trust. Under CA law, in the situation in which a Trust does not specify how much the trustee is to be compensated, they would be entitled to "reasonable compensation under the circumstances". A rule of thumb used by some estate planning attorneys is to annually compensate the trustee 1% based off of the Trust's total value.
If you deel that the fee is excessive based on thepwork performed by your suister, you can bing the matter to the attention of the court.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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