I currently charge a $5,550.00 fixed fee for a “clean” ex parte petition to modify an irrevocable trust under Probate Code Section 15403 or 15409. A clean petition is one where there are no interested parties that would object to the action being taken.
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). This 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 fee covers:
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Necessary face-to-face meetings and/or teleconferences;
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Gathering of necessary information to draft the petition;
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Drafting of petition, waivers of notice of hearing and consents of all interested parties;
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Coordination of the distribution of the petition draft and waivers of consents to all interested parties;
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Once all paperwork is complete, direct delivery of the completed petition to a local Probate Court for filing and signature by the Probate Judge;
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Once the order is signed by the Probate Court, obtain one or more certified copies of the Court order;
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Scan and email copy of certified Probate Court order, with delivery of original by mail to the Petitioner.
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(If there is a minor 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.