Florida Statutes

Fla. Stat. § 736.1005 (2025)

Attorney fees for services to the trust.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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736.1005 Attorney fees for services to the trust.—

(1) Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. The attorney may apply to the court for an order awarding attorney fees and, after notice and service on the trustee and all beneficiaries entitled to an accounting under s. 736.0813, the court shall enter an order on the fee application.

(2) If attorney fees are to be paid from the trust under subsection (1), s. 736.1007(5)(a), or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the fees shall be paid.

(a) All or any part of the attorney fees to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper.

(b) In the exercise of its discretion, the court may consider the following factors:

1. The relative impact of an assessment on the estimated value of each person’s part of the trust.

2. The amount of attorney fees to be assessed against a person’s part of the trust.

3. The extent to which a person whose part of the trust is to be assessed, individually or through counsel, actively participated in the proceeding.

4. The potential benefit or detriment to a person’s part of the trust expected from the outcome of the proceeding.

5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the trust is to be assessed.

6. Whether a person whose part of the trust is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections.

7. Whether a person whose part of the trust is to be assessed unjustly caused an increase in the amount of attorney fees incurred by the trustee or another person in connection with the proceeding.

8. Any other relevant fact, circumstance, or equity.

(c) The court may assess a person’s part of the trust without finding that the person engaged in bad faith, wrongdoing, or frivolousness.

(3) Except when a trustee’s interest may be adverse in a particular matter, the attorney shall give reasonable notice in writing to the trustee of the attorney’s retention by an interested person and the attorney’s entitlement to fees pursuant to this section. A court may reduce any fee award for services rendered by the attorney prior to the date of actual notice to the trustee, if the actual notice date is later than a date of reasonable notice. In exercising this discretion, the court may exclude compensation for services rendered after the reasonable notice date but before the date of actual notice.

History.—s. 10, ch. 2006-217; s. 7, ch. 2015-27.

Notes of Decisions

Cited in 10 cases (6 in the last 5 years), 2012–2025 · leading case: Bloom v. Bloom, 227 So. 3d 165 (Fla. 2d DCA 2017).

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Bloom v. Bloom, 227 So. 3d 165 (Fla. 2d DCA 2017). · cites it 7× “There is, however, one remaining basis Marshall asserted as a potential avenue for recovering his attorney’s fees in seeking Mr¡ Boss's disqualification as the trasteé of Leon’s trust, section 736.1005 of the Florida Statutes.”

Jervis v. Tucker, 82 So. 3d 126 (Fla. 4th DCA 2012). · cites it 3× “Of particular importance to this case, section 736.1005 provides that “[a]ny attorney who has rendered services to a trust may be awarded reasonable compensation from *130 the trust.”

Van Vechten v. Anyzeski, 157 So. 3d 350 (Fla. 4th DCA 2015). · cites it 5× “” The trustee and the beneficiary’s estate 1 later entered into pretrial stipulation which presented, among the “Statement of Issues for determination at trial,” the following issue: “Whether any party is entitled to the recovery of attorney’s fees and costs pursuant to Florida…”

Rosalyn Bronstein & Ella Bronstein v. Est. of Katherine S. Bronstein (Fla. 4th DCA 2021). · cites it 6× “2 Bruce filed a motion for appellate attorney’s fees, requesting fees pursuant to the settlement agreement and pursuant to section 736.1005. This court denied the motion for attorney’s fees.”

Miller v. Eisen (S.D. Fla. 2024). · cites it 3× “However, the Court did not address whether Fla. Stat. § 736.1005 (1) provides such relief to Eisen from co-Defendant Trust.”

Becky J. Kersey, Individually & as Tr. of the Mary Jo C. Abraham Living Trust Dated April 18, 2007 v. Kenneth J. Abraham (Fla. 6th DCA 2025). · cites it 3× “Appellee’s motion seeks an award of appellate attorney’s fees pursuant to Section 736.1005, Florida Statutes. We agree with the Fourth District, however, that we do not have jurisdiction to award appellate attorney’s fees from a trust under Section 736.”

Lowell Amey Van Vechten, as Pers. Rep. & Tr. of the Est. of Nicola H. Amey v. Erica Anyzeski, as Pers. Rep. of the Est. of Milton Lain Benjamin (Fla. 4th DCA 2015). · cites it 5× “” The trustee and the beneficiary’s estate1 later entered into pretrial stipulation which presented, among the “Statement of Issues for determination at trial,” the following issue: “Whether any party is entitled to the recovery of attorney’s fees and costs pursuant to Florida…”

In Re: Trust of Adean E. Wines Vs (Fla. 5th DCA 2023). · cites it 2× “400(b), and section 736.1005, Florida Statutes (2022), is granted, and we remand that matter for the trial court to determine the amount of such reasonable fees.”

J. Scott Lanford, Tr. of the Kirk Fam. Found. Vs Robin Phemister, Pers. Rep. of the Est. of Mary L. Dillard & as Tr. of the Testamentary Trust of Mary L. Dillard (Fla. 5th DCA 2022). · cites it 2× “§ 736.1005(1), Fla. Stat. (2021). Lanford argues that a homestead willed to a trust is entitled to the same constitutional protections against claims from the trustee as it is to estate administration claims.”

Jesus O. Valentino, Esq. v. in Re: Est. of Pedro E. Andollo (Fla. 3d DCA 2025). · cites it 2× “”); § 736.1005(1), Fla. Stat. (2022) (“Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust.”

— 736.1005(1) — 8 cases

Bloom v. Bloom, 227 So. 3d 165 (Fla. 2d DCA 2017). “There is, however, one remaining basis Marshall asserted as a potential avenue for recovering his attorney’s fees in seeking Mr¡ Boss's disqualification as the trasteé of Leon’s trust, section 736.1005 of the Florida Statutes.”

Jervis v. Tucker, 82 So. 3d 126 (Fla. 4th DCA 2012). “Of particular importance to this case, section 736.1005 provides that “[a]ny attorney who has rendered services to a trust may be awarded reasonable compensation from *130 the trust.”

Van Vechten v. Anyzeski, 157 So. 3d 350 (Fla. 4th DCA 2015). “” The trustee and the beneficiary’s estate 1 later entered into pretrial stipulation which presented, among the “Statement of Issues for determination at trial,” the following issue: “Whether any party is entitled to the recovery of attorney’s fees and costs pursuant to Florida…”

Rosalyn Bronstein & Ella Bronstein v. Est. of Katherine S. Bronstein (Fla. 4th DCA 2021). “2 Bruce filed a motion for appellate attorney’s fees, requesting fees pursuant to the settlement agreement and pursuant to section 736.1005. This court denied the motion for attorney’s fees.”

J. Scott Lanford, Tr. of the Kirk Fam. Found. Vs Robin Phemister, Pers. Rep. of the Est. of Mary L. Dillard & as Tr. of the Testamentary Trust of Mary L. Dillard (Fla. 5th DCA 2022). “§ 736.1005(1), Fla. Stat. (2021). Lanford argues that a homestead willed to a trust is entitled to the same constitutional protections against claims from the trustee as it is to estate administration claims.”

— 736.1005(2) — 2 cases

Lowell Amey Van Vechten, as Pers. Rep. & Tr. of the Est. of Nicola H. Amey v. Erica Anyzeski, as Pers. Rep. of the Est. of Milton Lain Benjamin (Fla. 4th DCA 2015). “” The trustee and the beneficiary’s estate1 later entered into pretrial stipulation which presented, among the “Statement of Issues for determination at trial,” the following issue: “Whether any party is entitled to the recovery of attorney’s fees and costs pursuant to Florida…”

— 736.1005(2)(a) — 1 case

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