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Fiduciary compensation: Obtaining 'reasonable' fees in trusts and estates

Posted on:1993-08-31Degree:BanType:Thesis
University:The Stonier Graduate School of BankingCandidate:Harris, Donald JamesFull Text:PDF
GTID:2476390014996728Subject:Business Administration
Abstract/Summary:
Many fiduciaries are subject to the statutory determinant that compensation in trusts and estates must be "reasonable." The standard, although seemingly equitable and appropriate, is quantitatively imprecise and uncertain.; The uncertainty regarding levels and methods of compensation can jeopardize the trust and confidence of beneficiaries for whom the service is performed. The possibility of reduced fee awards potentially threatens the profitability of the provider.; When a fee is questioned, the legal system intercedes and courts excercise discretion based upon standards of "reasonableness." Several factors have become generally recognized as pertinent to fee considerations, although the standard is ultimately based upon judgement.; This thesis utilizes a conceptual rather than procedural focus in the analysis of factors useful to the application and defense of fee requests subject to the standard of "reasonableness." Effective presentation and understanding of pertinent factors may aid in the successful attainment of "reasonable" fees in trusts and estates.
Keywords/Search Tags:Trusts, Fee, Compensation
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