Computation Of Attorney Fees For Estates Page 17
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30NOTE: CONVERSION OF ASSETS TO CASH IS NOT
CONSIDERED INCOME.
(B)
PRINCIPAL FEE
$3.00 per thousand of first $100,000.00 or part thereof;
$2.50 per thousand of next $200,000.00 or part thereof;
$1.50 per thousand of next $500,000.00 or part thereof;
$1.00 per thousand on balance of Corpus.
A minimum annual fee of $250.00 shall be allowed as compensation for
such guardian in each guardianship, subject to Court approval.
Guardian’s fees, when counsel is the duly appointed guardian of the
guardianship, shall not exceed one-half (1/2) the statutory allowance and
shall be paid only upon Application and approval of the Court; exceptions
may be allowed when justifiable extra-ordinary services have been
rendered, or, the guardian of the person has to provide services unique to
that fiduciary responsibility. Investment and re-investment of corpus,
including conversion of corpus to cash shall not be considered income.
Receipt of corpus by guardian shall not be considered income.
Each guardian shall submit, together with the Account which reflects the
payment of the fee, a schedule setting forth the basis upon computing the
fee, which shall include the “Fair Market Value” upon which the principal
fee calculation is based. The principal fee shall be prorated if adjustments
to corpus are made during the accounting period by additions, withdrawals
or terminations.
The guardian may, with the prior approval of the Court, be allowed a
principal distribution fee upon the final distribution of any part of the
corpus of the guardianship property in a maximum amount equal to 1% of
the fair value of the part distributed.
Rule 43
TRUSTEE’S COMPENSATION
(A)
Trustee’s compensation shall be set by Local Rule, excepting where the
instrument creating the Trust makes provision for compensation.
(B)
Additional compensation for extraordinary services may be allowed upon
Application. The Court may require that the Application be set for
hearing and that notice thereof be given to interested parties in accordance
with Civil Rule 4.1. Such notice shall contain a statement of the amount
for which compensation is applied.
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