Are fees regulated?

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Frequently Asked Questions

Are fees regulated?

In all court-supervised cases the probate court approves reasonable fees. The California courts also require that a fee statement be submitted in advance, thus locking in the billing rate. In non-court-supervised cases fees may be addressed in the estate planning documents but that does not lock in the rate for a successor not named. As each fiduciary has their own fee schedule, you should discuss what that rate is, how time is calculated, and when invoicing shall be expected.

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Powers of Attorney

Under common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated. This type of power of attorney is called "power of attorney with durable provisions" in the United States or "enduring power of attorney" elsewhere. In effect, under a durable power of attorney (DPoA)^[1] >>

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