As of January 1, 2020, I charge a fixed fee of $6,500.00 for a “clean” ex parte petition to modify an irrevocable trust under Probate Code Section 15403 or Probate Code Section 15409.    A “clean” petition is one where:

  • There are no interested parties that would object to the action being taken;

  • All interested parties agree to waive notice of a hearing

  • All interested parties consent to the petition; and

  • All interested parties consent to venue in the county where I bring such actions

There is an additional fixed fee of $2,000.00 if one or more current or remainder beneficiaries of the irrevocable trust are minors (i.e. under the age of 18 years), incapacitated adults, or missing beneficiaries of any age who cannot be located. 

This additional fee pays for any petitions to appoint a guardian ad litem under the law, and to pay the fee of the guardian ad litem.

The total fixed fee(s) covers:

  • Necessary face-to-face meetings and/or teleconferences;

  • Gathering of necessary information to draft the petition;

  • Drafting of petition, waivers of notice of hearing and consents of all interested parties;

  • Coordination of the distribution of the petition draft and waivers of consents to all interested parties;

  • Once all paperwork is complete, direct delivery of the completed petition to a local Probate Court for filing and signature by the Probate Judge;

  • Once the order is signed by the Probate Court, obtain one or more certified copies of the Court order;

  • Scan and email copy of certified Probate Court order, with delivery of original by mail to the Petitioner.

  • (If there is a minor beneficiary, incapacitated adult beneficiary, or missing beneficiary)  Preparation of an ex parte Petition for Appointment of a Guardian Ad Litem (GAL) to represent the interests of the minor(s), payment of the attorney’s fee for the appointed GAL and filing fee for the Petition.  Interaction with the GAL (providing copy of petition and obtaining signed consent form for filing with the modification petition.

My fixed fees include the payment of court filing fees, including one certified copy of the Court order granting the modification petition.  If the fixed fee includes appointment of a guardian ad litem, the fee covers payment of the attorney’s fee of the appointed guardian ad litem and filing fees for the petition and a certified copy of the order.

Note: Additional certified copies of any Court order are $50.00.

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