Computation Form Of Attorney Fees Page 19

ADVERTISEMENT

RULE 71.5
NON-PROBATE ASSET
The attorney or the executor/administrator shall file a confidential inventory
with the Probate Court of all NON-PROBATE assets to be used in the calculation of
attorney and fiduciary fees.
RULE 72
EXECUTOR’S AND ADMINISTRATOR’S COMMISSIONS
(A)
Additional compensation for extraordinary services may be allowed
upon an application setting forth an itemized statement of the services rendered
and the amount of compensation requested. The court may require the application
to be set for hearing with notice given to interested persons in accordance with Civil
Rule 73(E).
(B)
The court may deny or reduce commissions if there is a delinquency
in the filing of an inventory or an account, or if, after hearing, the court finds that the
executor or administrator has not faithfully discharged the duties of the office.
(C)
The commissions of the co-executors or co-administrators in the
aggregate shall not exceed the commissions that would have been allowed to one
executor or administrator acting alone, except where the instrument under which
the co-executors serve provides otherwise.
(D)
Where counsel fees have been awarded for services to the estate that
normally would have been performed by the executor or administrator, the
executor or administrator commission, except for good cause shown, shall be
reduced by the amount awarded to counsel for those services.
RULE 73
GUARDIAN’S COMPENSATION
(A)
Guardian's compensation shall be set by local rule.
(B)
Additional compensation for extraordinary services, reimbursement
for expenses incurred and compensation of a guardian of a person only may be
allowed upon an application setting forth an itemized statement of the services
rendered and expenses incurred and the amount for which compensation is applied.
The court may require the application to be set for hearing with notice given to
interested persons in accordance with Civil Rule 73(E).
(C)
The compensation of co-guardians in the aggregate shall not exceed
the compensation that would have been allowed to one guardian acting alone.
(D)
The court may deny or reduce compensation if there is a delinquency
in the filing of an inventory or account, or after hearing, the court finds the guardian
has not faithfully discharged the duties of the office.
RULE 73.1
LOCAL RULE GUARDIAN COMPENSATION
(A)
Unless otherwise provided by law or ordered by the court, a guardian
may charge for his ordinary services on an annual basis an amount computed in
accordance with the attached schedule marked appendix B.
17

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Legal