In Florida, trustee compensation laws govern how much a trustee can be paid for their services. Trustees are individuals or entities appointed to manage assets for the benefit of others, known as beneficiaries. The trustee’s job is to manage the trust assets and ensure that the trust’s instructions are carried out.

Trustee compensation laws in Florida are important because they ensure that the trustee is fairly compensated for their services while also protecting the beneficiaries’ interests. In this blog post, we’ll take a closer look at trustee compensation laws in Florida.

General Guidelines for Trustee Compensation in Florida.

Trustees are entitled to reasonable compensation for their services, which is typically paid out of the trust’s assets. The Florida Trust Code sets out general guidelines for determining reasonable trustee compensation, which include:

1. The nature and extent of the services performed by the trustee;

2. The time and labor required to perform those services;

3. The skills and expertise required to perform those services;

4. The responsibility and risk assumed by the trustee;

5. The amount of trust assets involved;

6. The results obtained by the trustee; and

7. The customary fees charged for similar services.

These guidelines provide a framework for determining reasonable compensation, but the specific amount of compensation may vary depending on the circumstances of each case.

Trustee Compensation in Specific Situations

In some cases, the trustee’s compensation may be governed by the court or the trust agreement. For example:

1. Court-appointed trustees: If a trustee is appointed by a court, their compensation will be determined by the court.

2. Trustee agreements: If the trust agreement specifies the trustee’s compensation, then the trustee will be entitled to the specified compensation.

3. No compensation agreement: If there is no agreement or court order specifying the trustee’s compensation, the trustee is entitled to reasonable compensation based on the factors outlined in the Florida Trust Code.

Challenging Trustee Compensation in Florida

In some cases, a beneficiary may believe that the trustee’s compensation is excessive or unreasonable. In these situations, the beneficiary may be able to challenge the compensation in court.

To successfully challenge trustee compensation in Florida, the beneficiary must demonstrate that the compensation is unreasonable or that the trustee breached their fiduciary duty.

Challenging trustee compensation can be a complex process; therefore, beneficiaries should engage a trust litigation attorney to assist with resolving such a dispute.

Conclusion

Trustee compensation laws in Florida are designed to ensure that trustees are fairly compensated for their services while also protecting the beneficiaries’ interests. Reasonable trustee compensation helps to prevent conflicts of interest, protect the trust’s assets, and ensure that qualified individuals are willing to take on the responsibility of managing the trust’s assets.

Whether you are a trustee and need guidance on the permitted compensation, or a beneficiary looking to contest your trustee’s excessive compensation, contact PFHG now for a complimentary consultation.