• CEB Top 20

  • Categories

  • Archives

  • © The Regents of the University of California, 2010-2018. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

No Means No for Successor Trustee of Special Needs Trust With No-Compensation Clause

trustee_99933680A trustee is entitled to compensation for services as provided in the trust instrument when the trust “provides for a trustee’s compensation” (Prob C §15680(a)), or “reasonable compensation” when the trust instrument “does not specify the trustee’s compensation” (Prob C §15681). But what if the trust provides for no compensation? In that case, the trustee is out of luck. Continue reading

Attorney as Trustee: Watch Out for Double Compensation

When an attorney is also acting as the trustee, there are very specific limitations on the attorney getting compensated both as counsel and as trustee. It may seem like an efficiency to have a two-for-one situation, but it may end up being double the work for half the money. Continue reading

%d bloggers like this: