Estate Of Davi

509 A.2d 1175 (Me. 1986)

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Nature of the Case

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Facts

Hayes submitted fees of $44,700 for services as the personal representative of the estate of Linea. The residual beneficiaries did not like this sum and challenged the fact it was based on a fixed percentage of the estate under the Maine Probate Code. Hayes had charged five percent of the $797,600 of the estate in Maine and five percent of the $96,000 in income earned by the estate for a fee of $44,700. Hayes testified that the handling of the estate required performance of numerous tasks such as location of beneficiaries, filing of tax returns, and the incompetency of one individual beneficiary. Hayes claimed there were difficulties in obtaining information from various institutional trustees regarding four trusts created by the decedent during her lifetime. Hayes also had to negotiate the transfer of leases and to settle a dispute over who should make repairs on the leased properties. Hayes was also responsible for overseeing the sale of the property in Florida. The probate court found that Hayes was a good ole boy and a reputable practitioner of probate law; that personal representatives charged five percent and Hayes and his staff has spent 250 hours on the estate; that considerable skill was required and that the estate was handled properly and professionally. The beneficiaries appealed in that the fee was based on a percentage something that was inapposite to the state law requiring reasonable compensation for services.