Florida Statute 736.0206 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 736
FLORIDA TRUST CODE

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F.S. 736.0206

736.0206 Proceedings for review of employment of agents and review of compensation of trustee and employees of trust.—

(1) The court may review the propriety of the employment by a trustee of any person, including any attorney, auditor, investment adviser, or other specialized agent or assistant, and the reasonableness of any compensation paid to that person or to the trustee.

(2) If the settlor’s estate is being probated, and the settlor’s trust or the trustee of the settlor’s trust is a beneficiary under the settlor’s will, the trustee, any person employed by the trustee, or any interested person may have the propriety of employment and the reasonableness of the compensation of the trustee or any person employed by the trustee determined in the probate proceeding.

(3) The burden of proof of the propriety of the employment and the reasonableness of the compensation shall be on the trustee and the person employed by the trustee. Any person who is determined to have received excessive compensation from a trust for services rendered may be ordered to make appropriate refunds.

(4) Court proceedings to determine reasonable compensation of a trustee or any person employed by a trustee, if required, are a part of the trust administration process. The costs, including attorney’s fees, of the person assuming the burden of proof of propriety of the employment and reasonableness of the compensation shall be determined by the court and paid from the assets of the trust unless the court finds the compensation paid or requested to be substantially unreasonable. The court shall direct from which part of the trust assets the compensation shall be paid.

(5) The court may determine reasonable compensation for a trustee or any person employed by a trustee without receiving expert testimony. Any party may offer expert testimony after notice to interested persons. If expert testimony is offered, a reasonable expert witness fee may be awarded by the court and paid from the assets of the trust unless the court finds that the expert testimony did not assist the court. The court shall direct from which part of the trust assets the fee shall be paid.

(6) In a proceeding pursuant to subsection (2), the petitioner may serve formal notice as provided in the Florida Probate Rules, and such notice shall be sufficient for the court to acquire jurisdiction over the person receiving the notice to the extent of the person’s interest in the trust.

History.—s. 2, ch. 2006-217; s. 3, ch. 2010-122.

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Amendments to 736.0206

Arrestable Offenses / Crimes under Fla. Stat. 736.0206

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 736.0206.

Annotations, Discussions, Cases:

Cases Citing Statute 736.0206

Total Results: 6

David Miller, as Co-Trustee, etc. v. Leah Marissa Moore

Court: District Court of Appeal of Florida | Date Filed: 2024-07-31

Snippet: and the trust code, i.e., sections 733.6175 and 736.0206, Florida Statutes (2014).

Lisa Johnson, individually and as beneficiary of the Harold Marcus Trust Agreement, etc. v. David Marcus

Court: District Court of Appeal of Florida | Date Filed: 2024-05-08

Snippet: provided in subsections (5), (6), and (7) and s. 736.0206, judicial proceedings concerning trusts shall

Baden v. Baden

Court: District Court of Appeal of Florida | Date Filed: 2018-11-14

Citation: 260 So. 3d 1108

Snippet: as provided in subsections (5) and (6) and s. 736.0206, judicial proceedings concerning trusts shall

Baden v. Baden

Court: District Court of Appeal of Florida | Date Filed: 2018-11-14

Citation: 260 So. 3d 1108

Snippet: as provided in subsections (5) and (6) and s. 736.0206, judicial proceedings concerning trusts shall

H. RAY BADEN v. STEVEN CHRISTOPHER BADEN

Court: District Court of Appeal of Florida | Date Filed: 2018-11-14

Snippet: as provided in subsections (5) and (6) and s. 736.0206, judicial proceedings concerning trusts shall

Kathleen G. Kozinski, etc. v. Amy Stabenow and Nora Faul

Court: District Court of Appeal of Florida | Date Filed: 2014-11-05

Citation: 152 So. 3d 650, 2014 Fla. App. LEXIS 18086, 2014 WL 5611595

Snippet: trust. Pursuant to sections 733.6175 and 736.0206, Florida Statutes (2014), the ap-pellees filed