Computation Form Of Attorney Fees Page 20
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26(A)(1) Compensation computed on income will not be allowed on balances
carried forward from one accounting period to another, nor will an investment of
funds or the final distribution of unexpected balances to a ward at the close of a
guardianship be considered as expenditure.
(A)(2) For the purpose of computing a guardian's compensation as herein
approved, the fair market value of the principal shall be determined by the guardian
as of the date of his appointment and as of each anniversary thereafter. The
compensation so determined may be charged during the ensuing year. The annual
principal valuation shall be adjusted from time to time to reflect additions to and
withdrawals from the principal of the estate, and the compensation for the
remaining portion of the annual periods shall be similarly adjusted to reflect such
revised valuation.
RULE 74
TRUSTEE'S COMPENSATION
(A)
Trustee's compensation shall be set by local rule.
(B)
Additional compensation for extraordinary services may be allowed
upon application setting forth an itemized statement of the services rendered and
the amount of compensation requested. The court may require that the application
be set for hearing with notice given to interested parties in accordance with Civil
Rule 73(E).
(C)
The compensation of co-trustees in the aggregate shall not exceed the
compensation that would have been allowed to one trustee acting alone, except
where the instrument under which the co-trustees are acting provides otherwise.
(D)
Except for good cause shown, neither compensation for a trustee nor
fees to counsel representing the trustee shall be allowed while the trustee is
delinquent in the filing of an account.
(E)
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 trustee
has not faithfully discharged other duties of the office.
RULE 74.1
LOCAL RULE TRUSTEE’S COMPENSATION
(A)
Except where the instrument creating a trust makes provisions for
compensation, a testamentary trustee may charge annually for the ordinary services
performed by the trustee in connection with the administration of each schedule
trustee estate a fee established by Appendix C. Provided, however, if the trustee is a
corporate trustee licensed to do business as a trustee, then the trustee may charge
its normal fee charged in similar trusts.
(A)(1) For the purpose of computing a trustee's compensation as herein
approved, the fair market value of the principal shall be determined by the trustees
as of the date of his appointment and as of each anniversary thereafter. The
compensation so determined may be charged during the ensuing year. The annual
principal valuation shall be adjusted from time to time to reflect additions to and
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