Estate Law Questions? Ask an Estate Lawyer.
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..http://codes.lp.findlaw.com/cacode/PROB/1/d9/3/1You 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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).