Guam § 901 - The Commission believes that these rates are fair to personal representatives,

§ 901. The Commission believes that these rates are fair to personal representatives,

as well as to estates of relatively small size.

One problem that might be foreseen, however, is that under the Probate Code

of Guam (1970), attorney's fees were the same as personal representatives' com-

missions. Therefore, if the personal representative retains an attorney and both

receive statutory commissions, the estate must pay both. The Commission does not

find that this is an egregious burden on most estates, and believes that it is

relatively fair in the majority of cases, particularly since in many cases the personal

representative waives his commission in any event. Where the problem may arise,

however, is that situation wherein an attorney is appointed to be the personal

representative of an estate, and performs both functions himself. In such case, the

estate again ends up paying two sets of commissions -- but here to the same person.

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The Commission is of the opinion that this is unfair to most estates, in light of the

fact that the attorney's function is, in most cases, a much more time-consuming and

difficult one than that of the personal representative. The Commission has therefore

redrafted § 2811, infra, so that in the latter situation the attorney cum personal

representative will not receive two sets of commissions/fees; he will receive only

one and one-half times the single set of fees. The Commission believes that this

plan is fair to all parties concerned, including the attorney and the estate.