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  #1  
Old 05-03-2008, 10:56 AM
Skipholiday
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Default Trustee Fee, out of state executor

Is the amount an executor/trustee can charge the estate limited? Or can this person charge what they decide is suitable?

If the will states the executor/trustee will get a percentage of the income from the estate, can this person also charge additional trustee fees?

Can the executor reside in another state and still be the executor of an estate?
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  #2  
Old 05-09-2008, 10:45 AM
moderator moderator is offline
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Sometimes it is set forth in estate planning documents, sometimes set by state law. I suggest you try to speak to an attorney about your situation. In the meantime, feel free to browse information in LawInfo's Free Legal Resource Center.

See also:

http://resources.lawinfo.com/Search....=executor+fees

county website example: http://probate.mobilecountyal.gov/

You can alwasy ask the probate court for information about executor fees in your jurisdiction as well.
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  #3  
Old 06-17-2008, 04:41 PM
Skipholiday
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I contacted the county probate office, they are suppose to call me back with the info.

Thank you
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  #4  
Old 06-19-2008, 04:11 AM
Skipholiday
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I'm still researching this situation.
From what I have learned, it appears a possible breach of fiduciary duty.
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  #5  
Old 06-19-2008, 12:22 PM
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Glad to hear your getting somewhere.... Breach of fiduciary duty, wow - that could be a big deal. Consider talking to a lawyer about it. Good luck!!
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  #6  
Old 06-19-2008, 12:51 PM
Skipholiday
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Quote:
Originally Posted by moderator View Post
Glad to hear your getting somewhere.... Breach of fiduciary duty, wow - that could be a big deal. Consider talking to a lawyer about it. Good luck!!
I want to make sure I have everything to prove the breach. Then I will retain a lawyer.

The trustee has been charging up to 60% of the income the estate generates for trustee fee's.
On top of this the trustee gets a 10% management fee as ordered in the will.

Thanks for all your help.
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  #7  
Old 06-19-2008, 01:28 PM
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An attorney can tell you what you need to prove breach of fiduciary duty in your case. In the meantime, you can certainly search for various aspects of the research in LawInfo's Free Legal Resource Center: http://resources.lawinfo.com/Search....fiduciary+duty.
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