Restore fee in the Last Will and Testament

Aug 6th, 2022
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How to restore fee in the Last Will and Testament

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hey there so in this video were gonna talk about where you should store your last will and testament Im Paul Rabelais Im an estate planning attorney asked quite a bit Paul where should we keep our last will and testament and its an important question because when somebody passes away people need to have access to the will the you know the right people need to have access because it needs to be we know one of the first things that happens it gets filed and the succession or probate proceeding to start the succession perhaps get the executor confirmed by a judge and then ultimately at the end have a judge order the disposition of the assets to the heirs that are named in the will so its really critical that the original can be located easily after somebody passes away a lot of different options there on where to keep it lets talk through a few of them first one as some people say well you know we did a will forty years ago I guess it was filed at the courthouse you know at least he

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Canadian Executors are typically paid between 3% and 5% of the estate for their efforts. The final percentage amount changes depending on the province and specific estate circumstances, such as: Size of the estate.
An executor must account to the residuary beneficiaries named in the Will (and sometimes to others) for all the assets of the estate, including all receipts and disbursements occurring over the course of administration.
While executor fees are typically set at 5% of an estates value, this is not a hard and fast rule. As noted previously, fair executor compensation will depend greatly on the size of the estate and how complex the calculation and disbursement of estate assets will be.
The Executor / Administrator reports the income on their personal tax return using the T4 slip issued by the Estate. If you are in the business of providing Executor / Administrator services: The Executor / Administrator is not considered an employee of the Estate.
They cannot, under any circumstances, actively withhold estate assets from beneficiaries or use those assets for their own benefit. Outside of the executors power, the only time distribution of assets may be delayed is when someone contests the will.
Are executor fees taxable income? Yes. Any income or fees from the estate paid to the executor are subject to income tax in the year in which it was received. In some cases, some wills (mostly prepared by savvy planners) may choose to give a gift to the estate trustee instead of payment to avoid this issue.
The executor is typically entitled to a fee as approved by the court prior to the payment. The level of payment is based on the size and complexity of the estate, as well as the amount of time and effort demanded of the executor.
Some states set payment at a percentage of transactions handled by the estate (income earned, payments madenot distributions). And others set a flat fee or an hourly rate. States that use the Uniform Probate Code dont set a specific amount or delineate a method of determining the amount.

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