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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36371
Experience:  Texas lawyer for 30 years in Estate law
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Estate Trust accounting has failed, and shows rampant violations

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Estate Trust accounting has failed, and shows rampant violations of the Trust. Should the acting trustee responsible for the failure be paid as "trustee"?

Hi and welcome to JA. My name is XXXXX XXXXX and I will be assisting you tonight.

You can object through the courts to the trustee fees.If you can show repeated failures here and breaches of fiduciary duties you may have the fees greatly reduced.

Here is reference to the California law for trustee fees.

See Article 5..

You will need to object to this in court claiming that the trustee has been negligent here and also breached fiduciary duties and as such the fees should be denied or greatly reduced. Ultimately the court then decides what the trustee gets paid here.



Here are the California laws that apply to the actual proceedings to hear objections to trustee's fees.

I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.

(a)Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee's compensation, the trustee is entitled to be compensated in accordance with the trust instrument.

(b)Upon proper showing, the court may fix or allow greater or lesser compensation than could be allowed under the terms of the trust in any of the following circumstances:

(1)Where the duties of the trustee are substantially different from those contemplated when the trust was created.

(2)Where the compensation in accordance with the terms of the trust would be inequitable or unreasonably low or high.

(3)In extraordinary circumstances calling for equitable relief.

(c)An order fixing or allowing greater or lesser compensation under subdivision (b) applies only prospectively to actions taken in administration of the trust after the order is made.

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Let me summarize for you.It is very possible here that if the trustee has been removed from the trust by the court based on misdeeds that the court would either deny any fees or greatly reduece them at hearing.You certainly can bring this back to the court and seek to have the court do so.

The court would certainly strongly review any such request for payment if the trust has suffered harm and may well reduce or deny the fee to the trustee.

Thanks again and good luck here.
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Please let me know if you have follow up here.I want to make sure I addressed your question and situation. I tis never a problem and I will be happy to folow upf necessary.

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