Can a Trustee get "back-pay"

[elainejosh]

My jurisdiction is: California

My sister is/has been the Trustee for my mom's Trust. When she agreed to do so, she agreed to take my mom's furniture and her car in lieu of any payment. This was never written down anywhere as far as I know. It's been six years, and actually the Trust was supposed to be dissolved/distributed a year ago according to the Trust agreement. Now it does say in the Trust Agreement that the Trustee could pay themselves reasonable compensation not to exceed 1% of the existing Trusts assets...I think this was in more as standard format then any agreement, but it is there. So can she go after the last 5 years of compensation, even though there has been no mention of compensation fee since the beginning when she agreed to take mom's car and furniture? - Thanks...

 

[dee_dub]

She can try for it. You can object, and a court can decide whether she should be entitled only to the furniture and car, or what more she is entitled to if anything. I would note that trustees are usually not contractually bound to the beneficiaries; the trustee's compact is with the testator. And whether or not your sister and your mom ever agreed she would only take the car and furniture, it was written into the terms of the trust that she was entitled to 1%.