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<DIV>I have a client who is a co-trustee of several irrevocable intervivos
trusts. Each grandchild (7) of the settlor’s is the sole beneficiary of separate
trusts. One of the beneficiaries is objecting to one of the trustee’s
fee. The basis of the objection seems to be that the co-trustee approved
his own fee. It has been proposed that in the future the trustee who
is being paid a fee (one co-trustee is an attorney and the other is a family
member who doesn’t usually take any fee) not approve it but that the other
co-trustee approve of the other co-trustee’s fee. My thought is that this
may seem on the surface a good idea, however, trustees are empowered in the
trust to determine these fees, and both are responsible and both should do the
approving of a fee, notwithstanding the apparent or actual conflict of
interest. If a beneficiary wants to take it to court they can. This
trust sets the fee at “equal to one and one-half times the compensation which
would have been charged by ________ Bank, (or its successor or a comparable
corporate fiduciary) had it served as trustee...” The fee in question is
way under that amount.</DIV>
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<DIV>Thanks</DIV>
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<DIV>Josh</DIV>
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<DIV style="FONT-SIZE: 12pt; FONT-FAMILY: 'Calibri'; COLOR: #000000">Joshua F.
Grant, PS<BR>Attorney at Law<BR>P. O. Box 619<BR>Wilbur, WA 99185<BR>tel 509 647
5578<BR>fax 509 647 2734<BR></DIV></DIV></DIV></BODY></HTML>