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Family member co trustee with corporate trustee

Tampa, FL |

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

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Filed under: Trusts Trustee
Attorney answers 4


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


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.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


The trustee is entitled to be paid but can waive payment.


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.

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