Estate of Constance R. Grant - Page 26




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               The estate contends that none of the time spent by Mr. Grant            
          and Ms. Adams, which was used to determine the amount of execu-              
          tors’ fees claimed in Schedule L, was for management of the Trust            
          and that all of that time was spent to settle the estate.  On the            
          record before us, we disagree.  Nothing in the record supports               
          that contention.  To the contrary, the record shows that the                 
          value of decedent’s nonprobate property, as reported in Schedule             
          G of the estate tax return, was $865,480, whereas the value of               
          the non-Trust property was only $11,253.  The record also estab-             
          lishes that virtually all of the miscellaneous administration                
          expenses were incurred with respect to decedent’s nonprobate                 
          property.  Based on the record presented, we believe that most of            
          the time spent by Mr. Grant and Ms. Adams must have related to               
          that nonprobate property.                                                    
               On the record before us, we find that the estate has failed             
          to show that it is entitled to deduct as executors’ fees under               
          Md. Code Ann., Est. & Trusts, sec. 7-601(b) an amount greater                
          than $1,012.77.10                                                            


               10We note that although the estate stated in Schedule L that            
          the executors’ fees claimed were calculated on the basis of 150              
          hours spent by Mr. Grant at $75 an hour and 75 hours spent by Ms.            
          Adams at $75 an hour, the record contains no explanation as to               
          how the $75 hourly rate was determined.  In addition, it is                  
          noteworthy that Mr. Grant and Ms. Adams, the personal representa-            
          tives of the estate and two of the three successor trustees of               
          the Trust, hired an attorney, an accountant, and appraisers who              
          assisted them in administering decedent’s estate.  The fees for              
                                                              (continued...)           





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