If my wife is a trustee of a special needs trust generated but failed to take the legally amount of compensation, can she do so now?

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If my wife is a trustee of a special needs trust generated but failed to take the legally amount of compensation, can she do so now?

According to ny law she was allowed to take $10.50 per thousand, unfortunately she was unaware of the commission stated and only took small amounts and sometimes not at all. Can she now take the proper amount for the years she only took nothing at all,or the years she took small amounts?

Asked on February 7, 2013 under Estate Planning, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

So long as your wife as the trustee under a special needs trust documents what she is asking for compensation and sends notice to all beneficiaries under the trust of her desired retroactive compensation for the beneficiaries to date, sign and return the acknowledgement of such, then she can legally do what she desires. It is always best to fully disclose all she is doing with respect to the matter you have written about.


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