Can the family member decline to take fees for his services if he decided not to or must he always take a fee? If circumstances change, can he either take a fee after not taking a fee or stop taking a fee after taking a monthly fee? Thanks
The family member is a trustee but a co trustee
a trustee has the right to be paid for his services.. like all people entitled to payment they have the right to waive that payment. the waiver of a payment at one time will not conclusively mean he has waived his right to payment at a later date. in most cases trustees can waive fees. but once the fee is waived they cannot reclaim that fee but can be paid for current fees.
without a detailed review by a lawyer can all the issues raised in your question be appropriately addressed...nothing in this response should be construed as establishing a lawyer client relationship..the answers herein are for informational purposes and not to be construed as advice
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8 lawyers agree
I agree with Attorney Tomberg's answer. A Trustee would not be required to charge a fee. If they do not charge a fee, they can later change their mind. I would think that they may have waived the prior fees, however.
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Estate Planning Attorney
Trustee can waive fee or partial fee. if circumstances change-can decide to start charging fee.
The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.