Looking Ahead to 2026: Thoughtful Changes to Serve You Better

As the new year approaches, many of our clients are taking stock—updating beneficiaries, revisiting old estate plans, or finally deciding it’s time to put documents in place. At the same time, we’ve been looking carefully at how Shafae Law can continue to serve Bay Area individuals and families with the accessibility, clarity, and high-touch support you’ve come to expect.

Beginning in 2026, we’re making a few intentional changes to how we deliver our services—not to our core commitment to flat-fee, full-service estate planning and trust administration. Our goal is simple: make it easier and more convenient to get quality guidance, without sacrificing personal connection.

Moving to a Primarily Remote Practice

Since 2020, many clients have told us how much they value the convenience of virtual meetings and our straightforward scheduling process. Instead of fighting traffic or taking half a day off work, they can meet with us from home, the office, or wherever they happen to be.

Starting in 2026, Shafae Law will operate primarily as a remote-services law firm. That means:

• Most meetings will take place by video conference or phone.

• You’ll continue to receive clear emails with links, instructions, and next steps.

• We’ll keep investing in secure, user-friendly technology that makes it easier to share information and review documents.

In-person appointments will still be available when they are truly the best option—for example, when a client needs hands-on support with signing or has unique circumstances that are better addressed face-to-face. But for most matters, remote services will allow us to offer more flexibility, more appointment options, and more focused time on you and your plan.

Convenient Remote Notarization

One of the biggest pain points in estate planning is often the signing appointment. Coordinating calendars, commuting to an office, and arranging for witnesses or notaries can make the process feel harder than it needs to be.

To support our shift to a primarily remote practice, we’ve partnered with a remote notary service that can meet clients at a time and place that works for them. Instead of rearranging your schedule, you’ll be able to sign and notarize your estate planning documents from the comfort of your home, your office, or another convenient location. Our team will coordinate the details so the process is as smooth and stress-free as possible.

Flat Fees & a 2026 Pricing Update

What is not changing is our commitment to flat-fee, full-service work. Our clients will continue to:

• Pay a clear, flat fee for estate planning or trust administration.

• Receive responses to emails and phone calls at no additional charge.

• Be able to schedule follow-up appointments without worrying about hourly billing.

To preserve this level of personalized, high-touch service—and to meet the needs of a growing client community—we will be modestly increasing our flat-fee rates starting in 2026.

Take the Next Step

If you’re ready to create or update your estate plan, we invite you to schedule a complimentary consultation. We’ll discuss your goals, explain the process, and help you decide whether now is the right time to move ahead.

Trustees and Fees

If I ask someone to be a trustee for me, I want to make sure that they get paid. Do I need to give them a specific amount in the trust? 

Most trusts (like most of the ones we draft) include a provision that permits the trustee to receive “reasonable” compensation. In most cases, this is determined based on the amount of time and complexity of an estate. And, in most cases, there is no dispute about the trustee receiving reasonable compensation. 

However, if you anticipate that someone might challenge the compensation, then you absolutely can specify how a trustee will be compensated. For example, you might select a percentage of your assets as payment or you might select an hourly rate that increases with inflation. 

(Note: If you have a professional fiduciary serve as a successor trustee, then they will provide their own rate of pay.)

How does someone determine what is a reasonable fee?  

The trustee must keep track of all the time that he or she spends in the role of trustee. The trustee should keep a log of the date, amount of time*, and each task that was performed. More complicated tasks are entitled to increased compensation. Keeping clear records is important. 

At the end of the year, the trustee can obtain the fee. By keeping clear records, the beneficiaries understand why the trustee is requesting the amounts and what they did during that time. Additionally, if administering the trust takes multiple years, the beneficiaries are less likely to raise issues or questions if the fees are spread over several years. 

*How does a trustee track time? 

We recommend tracking time by 15 minute increments or less. In other words, if something takes you 10 minutes, then it’s okay to put in .25 as your time; it is not okay to round up to an hour. 

Is the trustee’s fee considered a gift? 

No. The trustee’s fee is taxable income. It is earned. However, if the trustee spends money that is reimbursed (e.g. mileage for trips on behalf of the trust or tolls) than this is not income and therefore not subject to income tax. 

How does the trustee pay for things? 

The trust pays for trust expenses. Depending on the terms of the trust and the point at which a trustee begins managing the trust, the trustee should create a trust administration bank account, opened using a taxpayer ID that is specifically for the trust. 

What if my trustee doesn’t want to accept a fee? 

Even if the trustee chooses to waive a fee, he or she is still entitled to receive one and should take the approach we recommend above. A trustee may begin by saying that they don’t want a fee, but if the time and complexity becomes too much, they may decide otherwise. Having clear records is the key. 

Why wouldn’t a trustee accept a fee payment? 

Trustee fees are income, and therefore subject to income tax. If the trustee is also a beneficiary of the trust, they may decide to waive the fee as they would receive funds as a trust distribution anyway. 

If I become a trustee, what’s the first thing I should do? 

We strongly recommend speaking to an attorney (like us) as early as possible. We know that grieving can take a toll, but we also are here to help guide you through the trust administration process.