If my wife is a trustee of a special needs trust generated but failed to take the legally amount of compensation, can she do so now?

Question Details:According to ny law she was allowed to take $10.50 per thousand, unfortunately she was unaware of the commission stated and only took small amounts and sometimes not at all. Can she now take the proper amount for the years she only took nothing at all,or the years she took small amounts?

Asked 2 years ago under Wills, Trusts, Probate | 140 Views | More Legal Topics

Are you an attorney? Sign up to answer this question.
QA Test Account | FreeAdvice Contributing Attorney Answered 2 years ago

So long as your wife as the trustee under a special needs trust documents what she is asking for compensation and sends notice to all beneficiaries under the trust of her desired retroactive compensation for the beneficiaries to date, sign and return the acknowledgement of such, then she can legally do what she desires. It is always best to fully disclose all she is doing with respect to the matter you have written about.

Attorney Quick Finder

Top Ranking Attorneys

  • Gregory Abbott 68 Answers | Points 600 Bronze Contributor
  • Terence Fenelon 226 Answers | Points 600 Gold Contributor
  • Joanna Mitchell 11 Answers | Points 550 Bronze Contributor
  • Maury Beaulier 322 Answers | Points 450 Gold Contributor
  • Christine Socrates 17 Answers | Points 400 Bronze Contributor
  • Anne Brady 931 Answers | Points 400 Platinum Contributor
  • Anne Brady 931 Answers | Points 46530 Platinum Contributor
  • Kevin Bessant 741 Answers | Points 37030 Platinum Contributor
  • Hong Shen 568 Answers | Points 28400 Platinum Contributor
  • Catherine Blackburn 566 Answers | Points 27770 Platinum Contributor
  • Victor Waid 522 Answers | Points 26060 Platinum Contributor
  • Tricia Dwyer 480 Answers | Points 22150 Gold Contributor