Legal Question in Wills and Trusts in Colorado

personnal representative

I am a personnal representative and exitor of an estate and trust fund. What per cent of this amount is payable to me?


Asked on 3/26/08, 11:07 am

2 Answers from Attorneys

Robert Murillo Pivotal Legal Ltd.

Re: personal representative

So, I assume, there is a trust and a pour-over will (since you say this is a trust). Those are two separate documents with two possible separate duties, one as the trustee and the other as the personal representative. Colorado does not use the term "executor".

What does the trust and will state as to compensation? If there is nothing stated specifically, then you are allowed reasonable compensation. It is not a matter of percentage unless that is stated in the trust and will. You should keep a close accounting of your time, expenses and actions.

You have a lot of work to do and should consider contacting counsel and you need to start filing papers with the court and proceed to account for the estate. Good luck.

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Answered on 3/26/08, 11:22 am
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: personnal representative

None. You are not entitled to a fee based solely on a percentage. Under Colorado law, your fee, if any, must be reasonable. Reasonableness is dependent solely on the work that you do as the Personal Representative and if challenged, must be demonstrated to be reasonable to the Court.

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Answered on 3/26/08, 1:31 pm


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