On an application to pass accounts under a power of attorney for property, the court considered whether sale proceeds and related real estate transaction expenses should be included in the attorney's capital receipts and disbursements for compensation purposes.
Applying the percentage approach and cross-checking it against the five-factor trustee compensation framework, the court held the requested compensation based on the house sale was excessive where the attorney did not receive or disburse those funds directly.
The court found the estate modest and the care, responsibility, and time involved relatively limited.
However, the attorney's assistance in facilitating the sale justified a quantum meruit adjustment.
Compensation was fixed at $3,000 and no costs were awarded.
