For an revocable living trust in California that does not state specifically how much the trustee can receive for their time and mileage when settling the estate, what is a general rule of thumb to charge the estate for time and mileage?
Answer
The trustee is entitled to reimbursement of expenses and a reasonable fee. The notion of reasonableness is based on a number of factors, such as how difficult the work is and how experienced the trustee is.
Contra Costa county has a local rule of court, which says that a fee of $40/hour is presumptively reasonable for non-professional trustees. Other courts have different rules. Mileage can probably be charged at the IRS reimbursement rate.
Answer
Typically if a trustee take a fee of 1.5% of the gross estate, or less, then it's unlikely you'll find a judge decreeing that the fee is too much.
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