LD 921
pg. 28
Page 27 of 58 PUBLIC Law Chapter 618 Page 29 of 58
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LR 466
Item 1

 
allowable under this section only if the fee is reasonable.__Among
the factors a court may consider as guides in determining the
reasonableness of fees under this section are the following:

 
A.__The time and labor required, the novelty and difficulty
of the questions involved and the skill requisite to perform
the service properly;

 
B.__The likelihood, if apparent to the trustee, that the
acceptance of the particular employment will preclude the
person employed from other employment;

 
C.__The fee customarily charged in the locality for similar
services;

 
D.__The amounts involved and the results obtained;

 
E.__The time limitations imposed by the trustee or by the
circumstances; and

 
F.__The experience, reputation and ability of the person
performing the services.

 
The order of the factors in this subsection does not imply their
relative importance.

 
2.__Terms of trust.__If the terms of a trust specify the
trustee's compensation, the trustee is entitled to be compensated
as specified, but the court may allow more or less compensation
if:

 
A.__The duties of the trustees are substantially different
from those contemplated when the trust was created; or

 
B.__The compensation specified by the terms of the trust
would be unreasonably low or high.

 
3.__Review; refunds if excessive.__On petition of a qualified
beneficiary, after notice to all qualified beneficiaries, the
court may review the reasonableness of the compensation
determined by the trustee for the trustee's services.__A trustee
who has received excessive compensation from a trust may be
ordered to make appropriate refunds.

 
§709.__Reimbursement of expenses

 
1.__Reimbursement.__A trustee is entitled to be reimbursed out
of the trust property, with interest as appropriate, for:


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