By: David M. Garten, Esq.
ARTICLE: Trustee
Compensation
Sec. 736.0708, Fla. Stat. reads:
736.0708 Compensation of
trustee.
(1) If the terms of a trust do not specify the
trustee's compensation, a trustee is entitled to compensation that is
reasonable under the circumstances.
(2)
If the terms of a trust specify the trustee's compensation, the trustee
is entitled to be compensated as specified, but the court may allow more or
less compensation if:
(a) The duties of the trustee are substantially
different from those contemplated when the trust was created; or
(b) The compensation specified by the terms of
the trust would be unreasonably low or high.
(3) If the trustee has rendered other services in
connection with the administration of the trust, the trustee shall also be
allowed reasonable compensation for the other services rendered in addition to
reasonable compensation as trustee. In general,
a trustee's compensation depends upon
the extent and character of the
