2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 80 - (8001 - 8022) FEES
8005 - Commissions of trustees; advance payment of fees of an attorney-trustee.


NY CPLR § 8005 (2012) What's This?
 
    §  8005.  Commissions  of  trustees;  advance  payment  of  fees of an
  attorney-trustee. A trustee of an express trust  shall  be  entitled  to
  commissions  and  the allowance of his expenses and compensation and, if
  he be an attorney admitted to practice in this state, to  the  allowance
  of  a  sum on account of his compensation for legal services theretofore
  rendered to the trust, in the same manner and amount as that provided by
  sections twenty-one  hundred  eleven,  twenty-three  hundred  eight  and
  twenty-three  hundred  eleven of the surrogate's court procedure act for
  testamentary trustees, if the trust was established on or before  August
  thirty-first,  nineteen  hundred  fifty-six,  or  as  that  provided  by
  sections  twenty-one  hundred  eleven,  twenty-three  hundred  nine  and
  twenty-three  hundred  eleven of the surrogate's court procedure act for
  testamentary  trustees,  if  the  trust  was  established  after  August
  thirty-first,  nineteen  hundred  fifty-six  or  as that provided for by
  sections twenty-one hundred eleven and twenty-three hundred  eleven  for
  testamentary trustees and twenty-three hundred twelve of the surrogate's
  court procedure act except that the statements required thereunder to be
  furnished annually in order to retain certain annual commissions need be
  furnished  during the settlor's lifetime only to beneficiaries currently
  receiving  income.  The  court  shall  make  such   determinations   and
  allowances  as  the named sections require or authorize the surrogate to
  make, and the term "will" used in those sections shall be  construed  to
  mean  the  instrument  creating the trust and the phrase "the court from
  which his letters were issued" shall be  construed  to  mean  the  court
  having jurisdiction of the trust.

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