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THE SENATE |
S.B. NO. |
2878 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRUSTEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 607-18, Hawaii Revised Statutes, is amended to read as follows:
"§607-18 Fees and expenses of trustees. (a) Upon all moneys and other property received in the nature of revenue or income of the estate, such as rents, interest, dividends, and general profits, trustees, except trustees of a charitable trust, shall be allowed as commissions payable out of the income received during each year, seven per cent for the first $5,000 and five per cent for all over $5,000 the commissions to be payable as and when the income is received, but not more often than once a year.
(b) Upon the principal of the estate, trustees
shall be allowed as commissions one per cent on the value at the inception of
the trust payable at the inception out of the principal, one per cent on the
value of all or any part of the estate upon final distribution payable at the
termination out of the principal, and two and one-half per cent upon all cash
principal received after the inception of the trust and neither being nor
representing principal upon which the two and one-half per cent has previously
at any time been charged, payable at the receipt out of the principal, and two
and one-half per cent upon the final payment of any cash principal prior to the
termination of the trust, payable at the final payment out of the principal,
and in addition thereto five-tenths of one per cent on the value at the
expiration of each year during the continuance of the trust payable annually
out of the principal; provided that such [five- tenths] five-tenths
of one per cent on the principal shall not apply to charitable trusts, nor to
the extent the trustee has employed others to perform bookkeeping and clerical
services at the expense of the estate as permitted by the trust document or as
provided in section 554A-3.
(c) Such further allowances may be made as the court deems just and reasonable for services performed in connection with sales or leases of real estate, contested or litigated claims against the estate, the adjustment and payment of extensive or complicated estate or inheritance taxes, the preparation of estate and income tax returns, the carrying on of the decedent's business pursuant to an order of court or under the provisions of any will, litigation in regard to the property of the estate, and such other special services as may be necessary for the trustee to perform, prosecute, or defend. All contracts between a trustee and a beneficiary other than the creator of the trust, for higher compensation than is allowed in this section shall be void.
(d) This section shall apply as well to future accounting in existing estates as to new estates.
(e) Where an instrument governing a revocable living trust that is subject to the laws of this State provides for the trustee to receive reasonable compensation for services, an individual or corporate trustee appointed pursuant to that instrument may rely on this section to ascertain the reasonableness of compensation."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Trustees; Revocable Living Trusts
Description:
Authorizes trustees of revocable living trusts to base their reasonable compensation on the compensation levels allowed for trustees of estates. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.