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Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 475

previous next Effective - 28 Aug 1947bottom

  475.435.  Compensation of guardian. — Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of moneys received during the period covered by the account.  In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon, may authorize reasonable additional compensation therefor.  A copy of the petition and notice of hearing thereon shall be given the proper office of the Veterans Administration in the manner provided in the case of hearing on a guardian's account or other pleading.  No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.

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(L. 1947 V. I p. 4 § 12)

(1957) Where guardian, who was wife of incompetent, made twenty-eight annual settlements before her death and never claimed or received any commissions, she was held to have waived right to commissions. Pasley v. Marshall (A.), 305 S.W.2d 879.


---- end of effective   28 Aug 1947 ----

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